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PUBLIC SCHOOL LAW l 



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NORTH CAROLINj 








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Public School Law of 
North Carolina 



ISSUED IN PURSUANCE OF LAW 
BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION 



RALEIGH 
Edwards & Broughton. and E. M. Uzzell, State Printers 

Presses of Edwards & Broughton 
I 9 o I 



'Ob- 



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PF^EFACE, 



This pamphlet is issued in accordance with section 7 of the 
School Law. Some changes have been made in the School Law 
with a view to simplify its construction and application to 
schools, such as experience and careful observation suggests. 

Upon oneness of purpose and prompt efficient execution of 
the law depends the success of our public schools. I earn- 
estly beg the hearty cooperation of every school officer and the 
friends of education in the State, to the end that public edu- 
cation may prosper and the demands of the day be met. 
While there is abundant opportunity to exercise wise discre- 
tion given to the different school officers, I trust that this fact 
will not destroy harmony of action by captious independence 
or unmeaning variety. We must strive in concert for the in- 
terest of schools, if progress is made. 

Added to the School Law is an act ratified March 11,1901, 
correcting some typographical errors which is commended for 
perusal. The State Text-Book Law is also appended. 

T. F. Toon, 
Superintendent Public Instruction. 

Ealeigh, N. C, May 1, 1901. 



PUBLIC SCHOOL LAW 



OF 

NORTH CAROLINA. 



Section 1. The State Board of Education shall, on f^^^^a^S^toap- 
the first Monday in August of each and every year, appor- funds."^ ^^^^^^ 
tion among the several counties of the State all the school 
funds which may be then in the treasury of the said board, 
and order a warrant for the full apportionment to each Apportionment 

^ ^ made on basis of 

county, which said apportionment shall be made on the school popuia- 
basis of the school population, but no part of the perma- oniy income of 

. T T M 1 1 permanent fund 

nent school fund shall be apportioned or distributed, but applied. 

only the income therefrom. The State Auditor shall keep separateaccounts 

•^ ^ ^ ^ offundslobe 

a separate and distinct account of the public school funds, ^^p*- 
and of the income and interest thereof, and also of such 
moneys as may be raised by State, county, and capitation 
tax, or otherwise, for school purposes. 

Sec. 2. Upon the receipt of the requisition of the Treas- on requisition 

^ J. -1 County Treasurer 

urer of any county, duly approved by the chairman and Sfo?ldfsfate 
secretary of the County Board of Education for the school SonToTsSe^war- 
fund which may have been apportioned to said county, the and Auditor on 

-^ ^^ "^^ Treasurer for 

State Board of Education shall issue its warrants on the amount appor- 

» tloned to said 

State Auditor for the sum due said county whereupon county, 
the said Auditor shall draw his warrant on the treasurer 
of the State Board of Education in favor of such County 
Treasurer for the amount set forth in the warrant of the 
said State Board. 

Sec. 3. The State Treasurer shall receive and hold as school funds paid 

into treasury, 

a special deposit all school funds paid into the treasury, paid^ut^^"* 
and pay them out only on the warrant of the State Audi- 
tor, issued on the order of the State Board of Education in 



What constitutes favor of a Countv Treasurer, duly endorsed by the County 

valid voucher in "^ •> j j . j 

Treasu?er^for^ Treasurer in whose favor it is drawn, and it shall be the 
school funds. ^^^ ^^2- J voucher in the hands of the State Treasurer 

for the disbursement of school funds. 
Proceeds of lands Sec. 4. The proceeds of all lands that have been or may 

granted by U. S. ^ "^ 

to N.c, moneys^ hereafter be granted bv the United States to this State, 

stocks, bonds and o ./ , ? 

FngtoSfucattonai ^"^^ ^^^ Otherwise appropriated by this State or the United 
States, also all moneys, stocks, bonds and any other prop^ 
erty now belonging to any State fund, for the purposes of 
education, also the net proceeds of sales of swamp lands 
belonging to the State, and all other grants, gifts or de- 
vises that have been made or hereafter may be made to 
this State, and not otherwise appropriated by this State 
or by the terms of the grant, gift or devise, shall be paid 
into the State Treasury, and, together with so much of the 
ordinary revenue of the State as may be set apart for that 
purpose, shall be faithfully appropriated for establishing 
and maintaining a system of free public schools, as estab- 
• lished in pursuance of the Constitution. 

Property belong- Sec. 5. All moneys, stocks, bonds and other property 

ing to county ^ J i i i- r j 

ceeds from^sairof belonging to a county school fund, also the net proceeds 
forf?uurel°fines!' from sales of estrays, also the clear proceeds of all penal- 
o?miutary^iaws, ties and forfeitures, and of all fines collected in the sev- 

moneys paid for . /. i t /. i t -t t 

military exemp- eral counties lor anv breach of tne penal or military laws 

tion, and taxes for ^ ^ , "^ 

&S?Slnei?a^&p^^ ^^ ^^^ State, and all moneys which shall be paid by per- 

each"omftv"for sons as equivalent for exemption from military duties; 

pu c sc oo s. ^-j^^ ^^^ ^^^ proceeds of any tax imposed on licenses to re- 
tailers of wines, cordials, or spirituous liquors and to auc- 
tioneers, shall belong to and remain in the several coun- 
ties, and shall be faithfully appropriated for establishing 
and maintaining free public schools in several counties as 
established in pursuance of the Constitution. The amount 

Annual report to Collected in each county shall be reported annually to the 

Superintendent . /.-r-»TTT • miriT* 

of Public instruc- JState Superintendent of Fublic instruction, ine Solici- 
tors of the several judicial districts, criminal and inferior 



tourte, shall prosecute all penalties, and forfeited recogniz- J?>?s*l8 ?o the'jlei,. 

' . -11 allies and lorfeil- 

ances entered in their courts respectively, and as compen- cd recognizances 
sation for their services shall receive a sum to be fixed by 
the Court, not more than five per centum of the amount compensation 
collected upon such penalty or forfeited recognizance for 
the collection of which execution was found to be neces- 
sary. 

Sec. 6. If the tax levied for the State for the support ,^^\-y£4SSr 
of the public schools shall be insufiicient to maintain one gXii's kl elct 

^ ,,iT.ci ' 1 £ district pro video 

:e schools in each school district lor the period ol mr. 



or mor( 



four months, then the Board of Commissioners of each 
county shall levy annually a special tax to supply the de- 
ficiency for the support and maintenance of said schools 
for the said period of four months or more. The said tax ^af^^^^^ ««i 
shall be collected by the Sheriff in money, and he shall be 
subject to the same liabilities for the collection and ac- • 
counting of said tax as for other taxes. The said tax 
shall be levied on all property, credits and polls of the onwhatieviec 
county ; and in the assessment of the amount on each the 
Commissioners shall observe the constitutional equation 
of taxation ; and the funds thus raised shall be expended ^£",f|,5«J,«eec 
in the county in which it is collected, in such manner as 
the County Board of Education may determine for main- g^^^gj^oa^^^^^o: 
taining the public schools for four months at least in J'e^^^.JJf^?^^ 
each year. But the County Board of Education shall not SonVs'^^Bchooi^ 
be required to expend upon a district containing less than 
sixty-five pupils the same sum it may give to larger dis- 
tricts, notwithstanding an inequality of length of school 
terms may be the result. The County Board of Education, 
on or before the annual meeting of the Commissioners and 
Justices of the Peace for levying county taxes, shall make 
an estimate of the amount of money necessary to maintain 
the schools for four months and submit it to the County 
Commissioners. 



Duties of Superin- 
lendent of Public 
Instruction as tu 
publication ol 
school laws. 



Informing offi- 
cers of their 
duties. 

To printing 
necessary forms. 



Biennial report to 
Governor. 



What report to 
contain. 



Where to keep 
bis office. 
To sign requisi 
tions on Auditor. 



Force of copies of 
his acts, decisions 
and official 
papers. 



To be furnished 
with room, fuel, 
stationery, etc 



Operations of 
public schools 
under control of 
Superintendent 
of Public 
Instruction. 

Duty to corre- 
spond with edu- 
cators of other 
States, etc. 



Duties of Super 
intendent of Pub- 
lic Instruction 
relative to educa 
tional wants of 
several sections 
of the State. 



Sec. 7. The Superintendent of Public Instruction shall 
have the school laws published in pamphlet form and dis- 
tributed on or before the first day of May of each year. 
He shall send to each officer a circular letter, enumerating 
his duties as prescribed in this act. He shall have printed 
all the forms necessary and proper for the purposes of 
this chapter, and shall look after the school interest of the 
State, and report biennially to the Goveruor, at least five 
days previous to each regular session of the General As- 
sembly, which report shall give information and statistics 
of the public schools and recommend such improvements 
in the school law as may occur to him. He shall keep his 
office at the seat of government, and shall sign all requisi- 
tions ou the Auditor for the payment of money out of the 
State Treasury for school purposes. Copies of his acts 
and decisions, and of all papers kept in his office and 
authenticated by his signature and official seal, shall be of 
the same force and validity as the original. He shall be 
furnished with such room, fuel and stationery as shall be 
necessary for the efficient discharge of the duties of his 
office. 

Sec. 8. The Superintendent of Public Instruction shall 
direct the operations of the system of public schools and 
enforce the laws and regulations in relation thereto. It 
shall be his duty to correspond with leading educators in 
other States, and to investigate systems of public schools 
established in other States, and, as far as practicable, ren- 
der the results of educational efforts and experiences avail- 
able for the information and aid of the Legislature and 
State Board of Education. 

Sec. 9. It shall be the duty of the Superintendent of 
Public Instruction to acquaint himself with the peculiar 
educational wants of the several sections of the State, and 
he shall take all proper means to supply said wants, by 
counseling with County Boards of Education and County 



Superintendents, by lectures before Teachers' Institute^, 

and by addresses to public assemblies on subiects relating AUowacce for 

^ ^ o ^ tr>- veling expen- 

to public schools and public school work, and he shall be c?|^cai^astist?°*^ 
allowed for traveling expenses and for additional clerical ^"^^^ 
assistance five hundred dollars per annum. 

Sec. 10. In case the State Superintendent shall have Proceedings for 

^ removal of 

sufrir-ient evidence at any time that any County Superin- fen'ien^t??^^'^^"" 
tei:dent of Schools or any member of the County Board tion"of^successor. 
of Education, is not capable of discharging or is not dis- 
charging the duties of his office as required by this act, or 
is guilty of immoral or disreputable conduct, he shall re- 
port the matter to the County Board of Education, which 
shall hear evidence in the case, and if, after careful in- 
vestigation they shall find sufficient cause for his removal, 
they shall declare the office vacant at once and proceed to 
elect his successor. Either party may appeal from the Appeal, 
decision of the County Board of Education to the State 
Boiard of Education, which shall have full power to in- 
vestigate and review the decision of the County Board of 

Education. This section shall not be construed to deprive county superin- 
tendent may try 

each County Superintendent of the right to try his title to gtaie^c^^^mt? *^ 
said office in the courts of the State. 

Sec. 11. The State Superintendent of Public Iiistruc- superintendent 

^ of Public Instruc- 

tion is authorized to employ a clerk at a salary of one empuw cierk^iiS 
thousand dollars per annum and a stenogirapher at a s'-enographer. 
salary of two hundred and fifty dollars per annum to be salaries 
paid monthly by the State Treasurer on the warrant of 
the Auditor, out of any funds which may be in the Treas- 
ury not otherwise appropriated. 

Sec. 12. The General Assembly shall appoint three men county b ard of 

, ,11 J 1. • ^•n >.' 11 EducailoQ, how 

m each county ol good business qualincations and knowm appoimed 

to be in favor of public education, who shall constitute a 

County Board of Education, which board shall enter upon 

the duties of its office immediatelv upon the qualification when to enter 

'' upon duties. 

of a majoritv of its members. In case of vacancy by 



10 



Vacancy, how 
filled. 



Term of office. 

Subsequent elec 
tion of boards. 



Created body 
corporate. 

Corporate name. 



Corporate poweis 
and duties. 



Action on breach 
of County School 
Fund Treasurer's 
bond, by whom 
brought. 



County scho' 1 
officials to obey 
instructions and 
accept legal con- 
structions of 
State Superln 
tendent. 

Time of opening 
and closiQg pub- 
lic schools, how 
fixed. 



Methods of con- 
ducting public 
gcbools. 



death, resignation or otherwise, said vacancy shall be filled 
by the other members of the County Board of Education. 
Members of the County Board of Education herein pro- 
vided for shall hold office until the first Monday in July, 
1903, at which time the Board of County Commissioners 
in each county shall elect the Board of Education and 
every two years thereafter. 

Sec. 13. The County Board of Education shall be a 
body corporate by the name and style of '^The County 

Board of Education of County/' and by that 

name shall be capable of purchasing and holding real and 
personal estate, of building and repairing school-houses, of 
selling and transferring the same for school purposes and 
of prosecuting and defending suits for or against the cor- 
poration. They shall have power and authority and it 
shall be their duty to institute and prosecute any and all 
actions, suits, or proceedings against any and all officers, 
persons, or corporations or their sureties for the recovery, 
preservation, and application of all moneys or property 
which may be due to or should be applied to the support 
and maintenance of the school except in case of breach of 
bond on the 'part of the Treasurer of the County School 
Eund, in Avhich case action shall be brought by the County 
Commissioners as provided in section forty-seven. The 
County Board of Education and all other school officials in 
the several counties shall obey the instructions of the State 
Superintendent and accept his constructions of the school 
law. The time of opening and closing the public schools 
in the several public school districts of the State shall be 
fixed and determined by the County Board of Education 
in their respective counties, and the Board of Education 
shall have power and authority to fix and determine the 
methods of conducting the public schQols in their respec- 
tive counties, so as to furnish the most advantageous meth- 
ods of education available to the children attending the 



11 

public schools in the several counties of the State, and 
the County Board of Education and the County Superin- 
tendent of Schools shall have full power to make all just 
and needful rules and retaliations ffovernine; the conduct of Rules and regu- 

<=> c> o ^ lations goveruitf 

teachers and pupils as to attendance on the schools, dis- schools, 
cipline, tardiness, and the general government of the 
schools. 

Note. — No pupil shall be allowed to attend any school while 
any member of the household is sick of small-pox, diphtheria, 
measles, scarlet fever, yellow fever, typhus fever, or cholera, or 
within two weeks after the death, recovery, or removal of such 
sick person. Any pupil coming from such household shall bring 
proper certificate from attending physician, or health officer. 
Committeemen and teachers failing to enforce this are subject 
to indictment. Laws 1893, ch. 214, page 13. 

Sec. 14. In addition to all other duties and powers im- Adduicnai pow 

^ era of County 

posed and conferred upon them by law, the County Board E2.ucation 
of Education shall have general control and supervision of 
all matters pertaining to the public schools in their re- 
spective counties and are given the powers to execute, 
and are charged with the due execution of the school laws 
in their respective counties, and all powers and duties con- 
ferred and imposed by this act, or the general laws of the 
State respecting public schools which are not expressly con- 
ferred and imposed upon some other official, are conferred 
and imposed upon said County Board of Education; and 
an appeal shall lie from all other county school officers to 
said board. 

Sec. 15. The County Board of Education shall have Powers of county 

^ Boards over \ 

power to investigate and pass upon the moral character f^achers^and^ 
of any teacher in the public schools of the county, and to applicants, 
dismiss such teacher, if found of bad moral character, also 
to investigate and pass upon the moral character of any 
applicant for a teacher's certificate or for employment as 
teacher in any public school in the county, such investiga- 



12 



Procedure in 
Investigation. 



Duty of Sheriff, 
etc., to serve 
subpoenas. 



Appeals. 

Right of Sucerior 
Court to review. 



Election of 
County Superin- 
tendent of 
Schools. 



Qualifications, 



Term of oflSce. 



Chairman County 
Board of Educa- 
tion to imme 
dlately report to 
State Superin- 
tendent Public 
Instruction, 
name, address, 
experience and 
qualifications of 
person elected 
County 
Superintendent. 



tion shall be made after written notice, of not less than 
ten days, to the person whose character is to be investi- 
gated. The said board shall have power to issue subpoenas 
for the attendance for witnesses, a disobedience to which 
subpoenas shall, without legal excuse, be a misdemeanor 
punishable by a fine of not more than fifty dollars or im- 
prisonment for not moTC than ten days. Subpoenas may 
be issued in any and all matters which may lawfully come 
within the powers of said board, and which in the discre- 
tion of the board should be investigated. And it shall be 
the duty of the Sheriffs, Coroners and Constables to serve 
such subpoenas upon payment of their lawful fees for ser- 
vice of subpoenas issued from the Superior Court of the 
State. Appeals provided for in this act shall be regulated 
by rules to be adopted by the board. The Superior Courts 
of the State may review any action of the County Board of 
Education affecting any one's character or right to leach. 
Sec 16. The County Board of Education on the second 
Monday in July, 1901, and biennially thereafter, shall 
elect a County Superintendent of Schools, who shall be at 
the time of his election, a practical teacher or who shall 
have had at least two years expeTience in teaching school 
and who also shall be a man of liberal education and shall 
otherwise be qualified to discharge the duties of his office 
as required by law due regard being given to experience in 
teaching. Said Superintendent must be of good moral 
character and shall hold his office for a term of two years 
from the date of his election and until his successor is 
elected and qualified. Immediately after the election of 
the County Superintendent of Schools the chairman of 
the County Board of Education shall report to the State 
Superintendent of Public Instruction the name, address, 
experience, and qualifications, of the person elected, and 
the person elected shall report to the State Superintendent 
as soon as he shall have qualified, the date of such qualifi- 



13 



cation. In case of vacancy bj deatii, resignation, or other- Person elected to 
wise, the County Board of Education shall fill said va- q«aiiflcation. 

' '' Vacancy, how 

acncy. The members of the County Board of Education *^^^^^- 
and County Superintendent of Schools have the authoritv Power to 

'J ^ " administer oaths. 

to administer oaths to teachers and all subordinate school 

officials where an oath is required of the same: Provided, X.^^t}^'^ ^l^. ^ 

^ Bertie and Blade* 

that any person who has filled the office of County Super- couniies. 
intendent for four years next preceding the passage of 
this act shall be eligible to such office in Bertie and Bladen 
Counties, if the election of such person meets the approval 
of the State Board of Education. 

Note. — The powers of the County Board of Education have 
been enlarged, their duties increased, and consequently their 
responsibility is greater. The schools will be what you and a Su- 
perintendent of your own selection makes them. A wise execu- 
tion of the law by a wide-awake board and an energetic Super- 
intendent will insure progress in public schools. 

Sec. 17. The County Board of Education of each Appointment 

•^ ^ of Township 

county shall on the second Monday in July, 1901, and committeemen 

biennially thereafter, appoint in each of the townships of 

the county three intelligent men of good business qualifica- Qualifications. 

tion, who are known to be in favor of public education, 

Avho shall serve for two years from the date of their ap- Termofoflrice. 

pointment as School Committeemen in their respective 

townships and until their successors are elected and quali- 



fied. If a vacancy shall occur at any time by death, resig- vacancy 



how 



filled. 



nation or otherwise it shall be the duty of the County 

Board of Education to fill such vacancy. The County 

Board of Education shall have the power to pay out of 

the reserve school fund to each member of the Township 

Committee thus appointed one dollar per day for not more compensation. 

1«han four days per annum. On the second Monday in 

July, nineteen hundred and one, and biennially thereafter, 

•^ ' ' . County Board of 

the Countv Board of Education in each county may, if Education n)a.\ 

'' ./ c/ 7 elect three Com- 

they deem best, instead of electing Township Committee- Sch^c^ooL^^ 



14 



(Qualifications. 



Term of office. 



Vacancy, how 
filled. 



Powers and 
duties. 



men, elect for each school of the several townships three 
School Committeemen of intelligence and good business 
qualifications, who are known to be in favor of public ed- 
ucation, who shall serve for tAvo years from date of their 
appointment as committeemen, and until their successors 
are elected and qualified. If a vacancy should occur at 
any time by death, resignation or otherwise, it shall be the 
duty of the County Board of Education to fill sucli va- 
cancy. And in the case aforesaid all the powers and 
duties conferred under this act on the Township Commit- 
teemen shall vest in the said committeemen of the several 
To serve without schools of the towiiship, and they shall serve without com- 

compensation. 

pensation. 

Note. — It is left with the County Board of Education whether 
they will appoint a Township Committee of three, who will act 
for the township, or a School Committee of three for each school 
in the township. While the law will allow the appointment of a 
School Committee of three for one township in a county, and 
the appointment of a School Committee of three for each school 
in another township of the same county, it will no doubt be 
better to have the system uniform throughout the county. 



School Com- 
mittee shall elect 
Ch*irmaQ and 
secretary. 



Record of 
proceedings. 



To report names 
of Chairman and 
Secretary to 
Couuty 
Superintendent. 



Appeals from 
Oojamlttee. 



Sec 18. The School Committee as soon as practicable 
after their election and qualification not to exceed twenty 
days, shall meet and elect from their number a chairman 
and secretary, and shall keep a record of their proceed- 
ings in a book to be kept for that purpose ; the name and 
address of the chairman and secretary shall be reported to 
the Coimty Superintendent of Schools and recorded by 
him, and all appeals from the coramittee shall be first 
made to the County Superintendent of Schools, who^e de- 
cisions shall be final, unless reversed by the County Board 
of Education. 



Note. — This section requires the official acts of the committee 
to be done in a business manner and records kept in a book for 
that purpose. This is in strong contrast with the haphazard, 
careless way of many committees. 



15 



Sec. 19. The School Committee shall be intrusted with committee to 

hnve coatiol of 

the care and custody of all school-houses, school-house school property. 
sites, grounds, books, apparatus, or other public school 
property in the township with full power to control the 
same as they may deem best for the interest of the public 
schools and the cause of education. 

Sec. 20. The School Committee is required to furnish committee to 

^ farnihh ( ounty 

the County Superintendent of Schools a census report of cenSofchlfdren 
all the pupils of school age in their township or district " ^^ ^^ ^^^' 
by name, age, sex and race, also name of parent or guard- 
ian, and the blanks upon which said reports are to be made 
shall be furnished to the various school committees by the Blanks to be 

furnished. 

County Superintendent of Schools on the first Monday when. 

in xliigust in each year, which report shall be duly verified Report to be 

under oath by the committee and returned to the Count}^ 

Superintendent of Schools on or before the first Monday in when returnable 

September of each year, and any committee failing to 

comply with the provisions of this section without just 

cause shall be subiect to removal. The School Committee Penalty for 

•' failure to f^omply 

shall be allowed a sum not exceeding two cents per name ^\^^seXoa^^^^°' 
for all names reported between the ages of six and twenty- fo°,."iP|giJ^^®^ 
one. The School Committee shall also report to the ^^^^"» 
County Superintendent of Schools who shall in turn report 
to the County Board of Education, the nimiber of public 
school-houses and the value of all public school property Jf^^Swi^^SSoS*'^ 
for each race separately and furnish to the teacher at the oV^s^'choof^^ ^*^"® 
opeoiing of the school a register containing the name and L.igfo'f persons of 



age of each pupil of school age in that district. They fSraShed^ 

shall also report by race and sex the nmnber of all persons 

between the a£:es of twelve and twenty-one who can not Report of persojs 

^ ^ unable to read 

read and TVTite. School Committee shall meet at conven- »"<! write, 
iont times and places for the employment of teachers for Employment of 

^ r ./ teachers. 

the public schools ,and no teacher shall be employed by 
any committee except at a regularly called meeting of 



16 



sucli cumniittee, due notice of said meeting having been 
giveii at three public places with [by] the oonunittee. 



Committee to 
keep itemized 
statement of 
moneys appor- 
tioned, received 
and expendel, 
also copy of con- 
tracts with teach- 
ers 

Power to pur- 
chase supplies. 



Note. — This census must be made promptly at the time and 
in form and contain the information required by this section. 
Attention is called to the manner of employing teachers. 

Sec. 21. The School Committee shall keep a book in 
which shall be recorded an itemized statement of all 
moneys apportioned to, received and expended by them for 
each school and a copy of all contracts made by them with 
teachers. The committee shall have authority to purchase 
the stipplies necessary for conducting the schools and for 
repairs to an amount not co exceed in the aggTCgate the 
sum of twenty-five dollars in any one year for each school. 

Note. — The Superintendent should not recommend payment 
of any account against the school fund, except upon an item- 
ized statement sworn to by the committee. 



Power to employ 
and dismiss 
teachers 

Time of contract. 

Amount of con- 
sideration 
limited. 

Restriction on 
employment. 



Age limit for 
certificate. 



Compensation 
allowed to 
teachers. 

Restrictions as to 
third grade 
certificates. 



Sec. 22. The School Committee shaU have authority to 
employ and dismiss teachers, but no contract shall be made 
during any year to extend beyond the term of office of the 
committee, nor for more money than accrues to the credit 
of the district for the fiscal year during which the con- 
tract is made. jSio person shall be employed as a teacher 
who does not produce a certificate from the County Super- 
intendent of Schools or other parties authorized by law to 
issue the same and dated within the time prescribed by law 
and continuing to the end of the term, ^o certificate to 
teach school shall be issued to any person under e-ighteen 
years of age. Teachers of second grade shall receive not 
more than twenty-five dollars per month out of the public 
fund, and teachers of first grade may receive such compen- 
sation as shall be agreed upon. Teachers of the third 
i>Tade shall receive not more than twenty dollars per 
Lth, but no tliird-gTade certificate shall be renew^ed and 



mom 



17 

BO holder of a third-gTade certificate shall be employed ex- 
cept as an assistant teacher. No teacher shall receive any 
•ompensation for a shorter term than one month unless Minimum time 

, . of compensation, 

providentially hindered from completing the term. 

Twenty school days of not less than siix hours nor more school month 

•^ -^ defined. 

than seven hours each day shall be a month. The school 

term shall be continued rcontinuousl as far as practicable, school term to be 

■- -■ ^ continued. 

Certificates issued by any institution as now provided by 

law shall be void whenever the person holdins; said certifi- When certificaieg 

issued by instltu- 

©ate shall for three consecutive years fail to teach in some ^^^^^ ^oi^. 
school in the State. 



Note. — ^Subject to section 24, as to teachers' salary. 



Sec. 23. At the end of every term of a public school, the At end of term 

^ ^ ^ teacher to exhibit 

teacher or principal of the school shall exhibit to the acl^oS^'^^^^ 
School Committee a statement of the number of pupils, com^tT^' 
male and female, the average daily attendance, the length 
of term and the time taught. If the committee is satisfied gi^^S^rdero^ 
that the provisions of this act have been complied with teSher's^sSlry. 
they shall give an order on the Treasurer of the county 
school fund, payable to said teacher, for the full amount 
due for services rendered but monthly statements shall be Monthly state- 
made by the teacher to the committee, orders on the Treas- 
urer shall be valid when simied by two members of the When orders ou 

^ "^ Treasurer valid. 

committee and countersigned by the County Superinten- 
dent. When a monthly report of any school where the dis- 
trict does not contain over one hundred and fifty children 
shows an average daily attendance of less than one-fifth of 
the school census, the committee shall at once order the When committee 

^ may order school 

school to be closed and the money due said school shall re- closed, etc. 
main to the credit of that school. 

Sec. 24. The County Board of Education shall on the Apportionment 

of schODl fund 

second Monday in January and the second Monday in ^^^°- 

July of each year apportion the school fund of the county 

1m> the various townships in said county per capita ; but 
School Law 2 



18 



How. 

ContiDgent fund 
first reserved. 
For what 
purpose. 



School funds to 
be apportio jed 
so as lo equalize 
terms ot schools 
if possible. 



Must take into 
coaslderatioQ 
grade of work 
and quaiiiic^- 
tionc of teachers 
required. 
Maximum salary 
to be fixed. 



School Com- 
miiteemeuand 
Trea^u-er to be 
notified of 
appoitioument. 

School?, how 
numbered. 



they shall before apportioning the school fund to the var- 
ious townships, reserve as a contingent fund an amount 
sufficient to pay the salary of the County Superintendent 
and per diem and expenses of the County Board of Educa- 
tion and other necessary expenses. It shall be the duty of 
the County Board of Education to distribute and appor- 
tion the school money of each township so as to give to 
each school in said township for each race the same length 
of school term, as nearly as may be each year, and in 
making such apportionments the said County Board of 
Education shall have proper regard for the grade of work 
to be done and the qualifications of the teachers required 
in each school for each race and the said County Board 
of Education shall fix the maximum salary for each school 
in the county. As soon as the apportionments are made it 
shall be the duty of the County Board of Education to 
notify the School Committeemen and the treasurer of the 
county school fund of the amount apportioned to each 
schoolj and each school shall be designated as school ^o. 

1, 2, 3, etc., for white, colored, or Indian, in 

Township, in the county of 



Note. — The general expenses authorized are Treasurer's com- 
mission, mileage, and per diem of County Board of Education, 
Salary of County Superintendent, and other necessary expenses. 



Semi annu'' 
apfortionment 



Sec. 25. The semi-annual apportionment of public 
whVt based upon, school moncys shall be based upon the amounts actually 
received by the County Treasurer from all sources and re- 
ported by him to the County Board of Education as re- 
quired by this act. 

Sec. 26. The County Board of Education of any county 
may annually appropriate an amount not exceeding one 
hundred dollars out of the school funds of the county for 
the purpose of conducting one or more Teachers' Institutes 
for said county or the County Boards of Education of two 



A.pp'-opriations 
fo' oo'Kiuciiug 
teachers' 
institutes. 



19 



or more adjoining counties may appropriate an amount 
not exceeding one hundred dollars to each county, for the 
purpose of conducting a Teachers' Institute for said coun- 
ties at some convenient and satisfactory point. All teach- JfltS^^^'^^^^*^ 
ers of any county in which such institute is held are hereby 
required to attend the same continuously during the ses- 
sion thereof ; and, upon, failure to do so, unless provi- 
dentially hindered, shall be debarred from teaching in any 
of the public schools of this State for the term of one year, Penary for 
or until such teacher shall have attended some county in- 
stitute in some other county. A county Teachers' Insti- 
tute under this section shall be conducted by the County By whom 

coaductecl. 

Superintendent of Schools, assisted by some member of the 
State Board of Examiners, or a member of the faculty 
of the E'ormal Department of the University of I^Torth 
Carolina, or of the State IN'ormal and Industrial C'oUege, 
or of the Agricultural and Mechanical College at Ealeigh, 
or by some practical teacher or teachers appointed by the 
State Superintendent of Public Instruction. 

Note. — A County Teachers' Institute shall be conducted by the 
County Superintendent. Teachers are required lo attend con- 
tinuously, upon penalty of being debarred from teaching. 

Sec. 27. The County Board of Education shall meet when county 

'^ Board to meet. 

on the second Monday in January, April, July and Octo- 
ber and [ra]ay, if necessary, continue in session tvvo days 
and they may have cal ed meetings, of one day each, 
as often as once a month if the school business of the 
county requires it. They shall receive the same per diem Mileage and per 
and mileage as that allowed the County Commissioners, 
and shall at the meeting in January, April, July and Octo- 
ber, examine the books and vouchers, audit the accounts of Duties and 
treasurer of the county school fund and shall have power 
to fix the maximum monthly salary for first-grade teachers. 

Sec. 28. The County Board of Education of ftach Power to punish 

for contempt. 



^ 



Misdemeanor, to 
disturb school, 
literary or scien- 
tific meeting 
injure school 
building or deface 
■chool property. 



Penalty. 

Misdemeanor to 
set fire to school- 
bouse, etc. 



Penalty. 



Division of town- 
ships into school 
districts. 



Provisions for 

settling 

boundaries. 



Minimum dis 
tance between 
schools. 



Minimum num- 
ber of children lo 
school district. 



Formation ol 
districts from 
contiguous 
townships. 



county shall have power to punish for contempt, for any 
disorderly conduct or disturbance tending to interrupt 
them in the transaction of their official business, and every 
person who shall wiKully interrupt or disturb any public 
or private school or any meeting lawfully and peacefully 
held for the purpose of literary and scientific improve- 
ment, either within or without the place where such meet- 
ing or school is held, or injure any school building, or de- 
face any school furniture, appear atus, or other school prop- 
erty, shall be guilty of a misdemeanor and fined not ex- 
ceeding fifty dollars or imprisoned not more than thirty 
days. Any person who shall wiKully set fire to any school - 
house or procure the same to be done shall be guilty of a 
misdemeanor, and upon conviction shall be punished by 
imprisonment in the penitentiary or the county jail, and 
may also be fined in the discretion of the Court. 

Sec. 29. The County Board of Education shall divide 
the townships into convenient school districts as compact in 
form as practicable. They shall consult the convenience 
Fiiid necessities of each race in setting the boundaries of 
the school district for each race, and shall establish no now 
school in any township within less than three miles by the 
nearest traveled route of some school already established 
in said township; nor shall they create any school district 
with less than sixty-five children of school age, unless pre- 
vented by geographical reason or sparsely settled neighbor- 
hoods. Nothing in this act shall prevent the Board, of 
Education, whenever they shall deem it necessary for the 
good of the public schools, from forming a school district 
out of portions of two or more contiguous townships. 



Note. — The County Board of Education should combine and 
consolidate the schools, in most instances matoing fewer and 
better schools. This end should be kept in view in making the 
boundaries. One school with two teachers is better than two 
schools. If you increase the number of schools you shorten 
the terms. 



21 

Sec. 30. The County Board of Education may receive Ij^tTdfspSe^o? 
any gift, grant, donation or devise made for the use of any p^ropJrty, etc. 
school or schools within their jurisdiction. When, in the 
©pinion of the board, any school-house, school-house site, or 
other public school property has become unnecessary for 
public purposes, they may sell the same at public auction, 
after advertisement of twenty days at three public places 
in the county, or at private sale. The deed for the prop- ^^1^^^^^^^ 
erty thus sold shall be executed by the chairman and 
clerk of the board, and the proceeds of the sale shall be 
paid to the treasurer of the county school fund. 

Sec. 31. The Countv Board of Education may receive Disposal of 
suitable sites for school-houses bv donation or purchase, tous/r^^^^^' 
In case of purchase they shall issue an order on the treas- 
uier of the County Board of Education for the purchase- 
money and upon payment of the order the title to the said ^i^-ie, in whom 
site shall vest in the board and their sruccessors in office. 
Whenever the board is unable to obtain a suitable site for a Procedure to 

coQdemn sites 

school by gift or purchase, they shall report to the County ^^^rchaTaid*^ 
Superintendent of County Instruction, who shall, upon ^^'^'' ^^"'^^**- 
^YO days' notice to the owner of the land, apply to the 
Clerk of the Superior Court for the appointment of three 
appraisers, who shall lay off, by metes and bounds, not 
more than one acre, and assess the value thereof. They 
shall make a written report of their proceedings, to be 
signed by them, or by a majority of them, to the said 
Clerk within five days from their appointment, who shall 
enter the same upon the records of the Court. Said ap- 
praisers and officers shall serve without compensation. If 
said report is confirmed by the Clerk of the Court, the 
chairman and secretary shall issue an order on the treas- 
lirer of the County Board of Education in favor of the 
ovTner of the land thus laid off, and upon the payment or upon payment or 

' ^ ^ '^ otfer of payment 

offer of payment of this order the title to said land shall J^^I^Vt^ ^Boards 
vest in the County Board and their successors in office. sSccessllrs. 



22 



Provi8ion?as to 
im pro vedilan d . 



Appeal. 



Appeal bond. 



Deeds to be 
recorded and kept 
by Clerk of Court. 



Contracts with 
teachers of 
private schools, 
when maae, etc. 



Compensation. 



Qualifications of 
such teachers. 



Reports. 



Authority of 

County 

Superintendent. 



Contrectsto 
designate mini- 
mum public 
school term. 



Maximum 

amount to be 
paid private 
school fixed. 



Improved land shall not be condemned under this section 
unless it be essential to secure a proper location. Any 
person aggrieved by the action of said appraisers may ap- 
peal to the Superior Court of the county in which the 
land is situated upon giving bond to secure the board 
against such costs as may be incurred on account of said 
appeal not being prosecuted with effect. 

Sec. 32. All deeds to the County Board of Education 
shall be recorded and delivered to the Clerk of the Court 
for safe keeping. 

Sec 33. In any school district where there may be a 
private school, regularly conducted for at least six months 
in the year the School Committee may contract with the 
teacher of such private school to give instructions to all 
pupils between the ages of six and twenty-one years in the 
branches of learning taught in the public schools, as pre- 
scribed in this act, without charge and free of tuition ; and 
such School Committee may pay such teacher for such 
service out of the public school fund apportioned to the 
district and the agreement as to such pay shall be arranged 
betw^een the committee and teacher. Every -teacher of the 
public school branches in said school shall obtain a first- 
grade certificate before beginning his or her work, and 
shall from time to time make such reports as are required 
of other school teachers under this act. The County Su- 
perintendents of Schools have the same authority in re- 
spect to the employment and dismissal of teachers under 
this section, and in every other respect as is conferred in 
other sections of the law. And all contracts made under 
this section shall designate the minimum length of the 
public school term, which shall not be less than the aver- 
age length of the public school term of the county of the 
preceding year. The amount paid s^id private school for 
each pupil in the public school branches, based on the aver- 



23 

age (lailj attendance, shall not exceed the regular tuition 
rates in said school for said branches of study. 

Note. — If the tuition in the private school tor the public 
school branches is $1.00 or $2.00 per month, then said private 
school shall not be allowed any more per capita of the public 
fund than they receive per capita from the parents in the pri- 
vate funds. To illustrate: If there are forty children in the 
public school branches whose private tuition is $40.00, then the 
committee can only pay $40.00 per month for this instruction 
out of the public fund. 

Sec. 34. No contract for teachers' salaries shall be Amount of con. 

tracts restricted. 

made during any fiscal year for a larger amount of money 

than accrues to the credit of the respective districts for the 

year, and no committee shall give an order unless the committee hf 

money to pay it is actually to the credit of the district, gi^i^go^'^iers. 

and no part of the school fund for one year shall be used Restriction on 

' ^ use of annua I 

to pay school claims for any previous year. school fund. 

Note. — The great number of special acts for payments of 
teachers' salaries by the last Legislature is the result of a dis- 
regard of this section. 

Sec. 35. The School Committee for each township shall scboo!Com- 

^ mittee to keep 

keep a book in which shall be kept an itemized account of ^^J^pygand 
all moneys apportioned, received and expended by them ^^^'^^''^^^s- 
for each school and a copy of all contracts made by them 
with teachers. 

Note. — The County Board of Education will require a literal 
compliance with this section of the law. 

Sec. 36. The County Superintendent of Schools shall be county superin- 

'^ ^ teudent ex officio 

ex officio the Secretary of the County Board of Education. cST^Jy^lo^a^rd of 
He shall record all proceedings of the Board of Education, Education. 
issue all notices and orders that may be made by said 
boa]'d pertaining to the public schools, school-houses, sites, 
or districts, (which notices or orders it shall be the duty of 



24 



Duties. 



County Board to 
provide office for 
County Superin- 
tendent at 
county seat, also 
record book. 



Record, where 
kept. 



tr e secretary to serve by mail or by personal delivery with- 
orit cost), and record all school statistics, look after all 
forfeitures, fines and penalties,see that the same are placed 
to the credit of the school fund and report the same to the 
Ccunty Board of Education. The County Board of Edu- 
cation shall provide the County Superintendent of Schools 
with an ofiice at the county seat and with a suitable book 
in which to keep the records required by this section. The 
record of the Board of Education and the County Super- 
intendent of Schools shall be kept in the office provided for 
that purpose by the said board. 



Note. — TTie duties of Superintendent as Secretary of County 
Board of Education are very important. 



Examination of 
teacherg, where 
and when 
•onducted. 



Fee. 

Fees for private 
examination, 
how disposed of. 



Place for holding 
examination. 



What per cent 
entitles to first- 
grade certificate. 

What entitles to 

stcond-grade 

certificate 



What entitles to 

third-grade 

certificate. 



Sec. 37. The County Superintendent of Schools of each 
county shall examine all applicants of good moral charac- 
ter for teacher's certificate at the court-house in the county, 
on the second Thursday of July and October of every year, 
and continue the examination from day to day during the 
remainder of the week, if necessary, till all applicants are 
examined, and for the examination of teachers at any 
other time than above named he shall require of such ap- 
plicant a fee of one dollar, in advance, and all fees for 
private examination shall be paid by the County Superin- 
tendent of Schools to the treasurer of the county school 
fund to go to the general school fund of the county. The 
place for holding the examination of teachers shall be ait 
the county seat, but other places in said county may be 
designated by the County Superintendent of Schools, 
when, in his discretion, it may be for the convenience of 
the teachers of his county. A general average of ninety 
per centum and over shall entitle an applicant to a first- 
grade certificate; a general average of 'eighty per Centura 
or more shall entitle the applicant to a second grade cer- 
tificate ; and a general averas^e of seventv shall entitle aa 



26 

applicant to a tihird-grade certificate. The certificates {J^^'and^where^ 
shall be valid only in the county in which they are issued ^*^^^- 
and for one year from date, except that first-grade certifi- 
cates shall be valid for two years. The branches taught in 
the public schools shall be orth'ography,defining [reading], {^^bViaSgln^^^* 
writing, drawing, arithmetic geography, grammar, Ian- public schools, 
gaiage lessons, history of North Carolina, including the 
Constitution of the State, history of the United States, in- 
cluding the Constitution of the United States, physiology, 
hygiene, nature and effect of alcoholic drinks and nar- 
cotics, elements of civil government, elements of agricul- 
ture, theory and practice of teaching, and such other 
branches as the State Board of Education may direct. The 
County Superintendent of Schools shall hold his examina- Examinations 
tions publicly, and ma}^ invite competent persons to assist 
him in such examination. He shall keep a copy of all anJ^forwaM^d^ 
examination questions, both public and private, and for- fend^ent'on"'^ 
ward copies to the State Superintendent upon request. No ^®^"®^ • 
Superintendent shall renew any second-grade certificate, 
except upon re-examination. 

Sec. 38. The County Superintendent shall each year ^^g^g^^^^^'^J 
hold not less than one teachers' meeting in each township, 
which the teachers shall be required to attend, if necessary 
one-half of a school day may be set apart for this pur- 



Sec. 39. It shall be the duty of the County Superin- Duties and 

'^ J 1 powers of County 

tendent to advise with the teachers as to the best methods superintendent, 
of instruction and school government, and to that end he 
shall keep himself thoroughly informed as to the progress 
of education in other counties, cities and States ; he shall 
have authority to correct abuses, and to this end he may, 
with the concurrence of a majority of the School Com- 
mittee, suspend any teacher who may be guilty of any suspension of 

IT 11 1 ' 1 c teachers. 

mnnoral or disreputable conduct, or may prove himself 
incompetent to discharge efficiently the duties of a public 



26 



To visit public 
schools, etc 



school teacher, or who may be persistently neglectful of 
said duties. The County Superintendent shall be re- 
quired to visit the public schools of his county while in 
session under the direction of the County Board of Edu- 
catioiij and shall inforixi himself of the condition and 
needs for [of] the various schools within his jurisdiction. 



Note. — The duties prescribed by this section are mandatory, 
dnd can only be faithfully performed where the County Boards 
of Education will make liberal provision for the Superintendent. 



Duties of County 
Superintendent. 

To distribute 
blanks. 



To distribute 
school legisters. 



A-dvise an to 
gathering and 
reporting school 
statistics. 



Duty of County 
Superinterdent 
to leporr, 1o Stale 
8uperlntend-nt 
Public InstTuc 
tion on or beiore 
July 1st every 
year. 



Contents of 
repoi t. 



Sec. 40. It shall be the duty of the County Superin- 
tendent of the Schools to distribute to the various School 
Committees of his county all such blanks as may be 
furnished by the State Superintendent of Public Instruc- 
tion for reports of school statistics of the several districts; 
also, blanks for teachers' reports and for orders on the 
treasurer of the county school fund for teachers' salaries ; 
he shall also distribute to the School Committees school 
registers for their respective districts and necessary record 
book; he shall advise with said committee as to the best 
methods of 2:athering the school statistics contemplated by 
such blanks, and, by all proper means, shall seek to have 
such statistics fnlly and properly reported. 

Sec. 41. It shall be the duty of the County Superin- 
tendent of Schools in each comity, on or before the first 
Monday in July of every year,, to report to the State Su- 
perintendent of Public Instruction an abstract statement 
of the number, grade, race, and sex of the teachers ex- 
amined and approved by him during the year;, also, the 
number of public schools taught in the county during the 
year for each race; the number of children of school age 
in each school district; the number enrolled in each dis- 
trict; the average daily attendance in each district by race 
and sex and the number of all persons in the county be- 
tween the ages of twelve and twenty-one who can not read 



27 

and write. He shall also report by race and sex the num- 
ber of pnpils of each race enrolled in all the schools, their 
average attendance; the average length of terms of said 
schools, and the average salary, respectively, for the teach- 
ers of each race; the number of school districts for each 
race, and any new school districts laid out during the 
year shall be specified in his report. He shall also report 
the number of public school-houses and the value of the 
public school property for each race; the number of 
Teachers' Institutes held ; the number of teachers attend- 
ing such institutes, together with such suggestions as may 
occur to him promotive of the school interest of the 
county. The Countv Superintendent of the Schools shall county superin- 

•^ "^ ^ tendent to record 

record in his book an accurate copy of his report to the o^hilreport*'^^^ 

State Superintendent of Public Instruction. If any 

County Superintendent of Schools fails or refuses to per- Failure of county 

Superintendent 

form any of the duties required of him by this act he !« P^rforrn any 

"^ i ./ duties subject to 

shall be subject to removal from his office by the County offii^^^^^^"^ 
Board of Education upon the complaint of the State Su- 
perintendent of Public Instruction. 

Note. — This report must be held by County Superintendent 
for review by County Board of Education on second Monday 
of July. (See section 59.) 

Sec. 42. In case the County Superintendent shall have incapacity or 

3 allure of Com - 

sufficient evidence at any time that anv member of the »^^^\f«^®^^^ . , 

'^ -^ discharge oflacial 

committee is not capable of discharging, or is not discharg- c^usl^or 

ing, the duties of his office, he shall bring the matter to '^®°*"'^* • 

the attention of the County Board of Education, which 

shall thoroughly investigate the charges and shall remove Procedure. 

said committeeman and appoint a successor if suflicient 

evidence shall be produced to warrant his removal and the 

best interest of the schools demand it. 



Note. — This is a delicate and often unpleasant duty, but the 
best interest of the schools demands it. 



28 



List of deaf, dumb 
and blind 
children. 



To be furnished 
Superintendent 
of Daaf, Dumb 
and Blind 
Institutions. 



Blanks to contain 
questions relative 
thereto. 

Compensatic n of 
CJounty 

Superintendent 
of Schools. 



Residence of 

County 

Superintendent. 

Unlawful to 
teach school. 

Proviso. 



Sec. 43. That it shall be the duty of the County Su- 
perintendent of Public Instruction to require of the School 
Committee, in enumerating the number of school children, 
to make a statement in the report of the number of deaf, 
dumb and blind between the ages of six and twenty-one 
years, designating the race and sex, and the address of the 
parent or guardian of said children; and the County Su- 
perintendents of Public Instruction are hereby required 
to furnish such information to the principals of the deaf, 
dumb and blind institutions, and the Superintendent of 
Public Instruction, in preparing blanks, as directed in 
The Code, sec. 33Y0, shall include questions, answers to 
which will furnish the information as aforesaid. 

Sec. 44. The compensation of the County Superin- 
tendent of Schools shall be not less than two dollars, nor 
more than three dollars per diem, or the Board of Educa- 
tion may p'ay an annual compensation to the County 
Superintendent not to exceed four per cent of the dis- 
bursements for the schools under his supervision. Every 
County Superintendent shall reside in the county of which 
he is Superintendent. It shall not be lawful for any 
County Superintendent to teach a school while the public 
schools of his county are in session : Provided, the State- 
Board of Education may, for good and sufficient reason, 
permit a County Superintendent, to so teach. 



Note. — This section is alternative, giving as pay to County- 
Superintendent a per diem of not less than $2.00, nor more than 
?3.00, or instead thereof, 4 per cent of disbursements for schools 
under his charge, to be decided by County Board of Education. 



Oath of office. Sec. 45. The members of the County Board of Educa- 

tion, the School Committeemen and the County Superin- 
tendent of Schools in each county shall^ before entering 
upon the duties of their office, take oath for the faithful 
performance thereof. 



29 



Sec. 46. The County Treasurer of each county shall S'?e''cewI'"ISd"'^'^ 
receive and disburse all public school funds, and sihall Junds!^^^ ^^^°**^ 

Wthe same separate and distinct from all other funds, to keep same 
^ ' separate. 

but before entering upon the duties of his office he shall 
execute a justified Treasurer's bond, with security in an to execute bond, 
amount to be fixed by the Board of County Commission- 
ers in an amount not less than the moneys received by him ^"^o'^'^t. 
or by his predecessor during the previous year,conditioned 
for the faithful performance of his duties as treasurer of conditions of 

^ ^ bond. 

the county schooi fund, and for the payment over to his 

successor in office of any balance of scbool moneys that 

may be in his hands unexpended, and the Coointy Board 

of Commissioners may, from time to time, if necessary, 

require him to strengthen said bond, and in default increase of bond 

thereof the members of the County Board of Commis- default of county 

•^ Commissioners. 

sioners shall be guilty of a misdemeanor. 

Sec 47. The bond of the Treasurer of the county Approval of 

•^ Treasurer's bond. 

school fund shall be approved by the Board of County 

Commissioners, and they sihall bring action for any breach Action by whom 

thereof, and on their failure to bring such action it may 

be brought in the name of. the State on the relation of 

any tax-payer. The said bond shall be separate, not in- Separate bond. 

eluding liabilities for other funds. 

Sec 48. All orders for the payment of teachers' sala- wtien orders 

^ ^ shall be valid, 

ries, for building, repairs, school furnishings, or for the vouchers in 
payment of money for any purpose whatsoever, before it treasurer, 
shall be a valid voucher in the hand of the Corunty Treas- 
urer, shall be signed first by at least two members of the 
committee, then by the County Superintendent. IN'o 
order shall be signed by the County Superintendent for 
more money than is to the credit of that district for the Limit to amoui.t 

of order. 

fiscal year, nor shall Superintendent of Schools endorse Restriction as to 
the order of any teacher who does not produce a certificate teacher's order, 
as required in section 22. The said treasurer shall not 
paf any school money for building or repairing any 



30 



Order fir building 
and repairs not to 
be paid till title 
passed, registered 
and deposited 
with clerk. 



Treasurer liable 
ou bond for sums 
illegally paid. 

Treasurer's 
school accf unt 
books, what to 
show. 



To balance 

accounts 

annually. 

To report balance 
to Ct>uaty Boaid 
»nd Sch' ol 
C .'mmittee. 



Treasurer, when 
rt quired 'o pro- 
duce books, 
vouchers and 
exhibit school 
m >ney8 at 
settlements. 



Treasurer's report 
to State Superin- 
tendent of Public 
Instruction. 

When made. 
Contents. 



school-house unless the site on which it is located has been 
donated to or purchased by the County Board of Educa- 
tion and the deed for the same regularly executed and 
delivered to said board, and their successors in office, pro- 
bated, registered in the office of the Register of Deeds for 
the county and delivered to the Clerk of the Court, to be 
by him safely deposited with his valuable official papers, 
and surrendered to his successor in office and for default 
he shall be liable on his official bond for any sum thus 
illegally paid. 

Sec. 49. It shall be the duty of the treasurer of the 
county school fund to keep a book in which he shall open 
an account with each township in the county, showing the 
amount apportioned to the various townships by the 
County Board of Education. He shall also open an ac- 
count with each school district showing the amount appor- 
tioned to various school districts. He shall record the date 
of all payments of school monej^ in the name of the person 
to whom paid and for what purpose and the several 
amounts. He shall balance the amount of each township 
and district annually on the thirtieth of June of each 
year, and shall report by letter or printed circular, within 
ten days thereafter, said balances to the County Board of 
Education and to the School Committee. 

Sec. 50. The treasurer of the county school fund shall 
when required by the County Board of Education produce 
his books and vouchers for examination, and shall also ex- 
hibit all moneys due the public school fund of the county 
at each settlement required by this act. • 

Sec. 51. The Treasurer of the county school fund of 
each county shall report to the State Superintendent of 
Public Instruction on the first Monday of August of each 
year the entire amount of money receiyed and disbursed 
by him during the preceding school year, designated by 
items, the amounts received respectively from property 



31 

tax, poll tax, liquor licenses, fines, forfeitures, and penal- 
ties, auctioneers, estrays, from State Treasurer and from 
other sources. He shall also designate by item the sum 
paid to teachers of each race respectively, for school- 
houses, school sites in the several districts, and for all 
other purposes specifically, and in detail, by item, and 
on the same date he shall file a duplicate of siaid report Duplicate report 

^ ^ t'> be filed with 

in the office of the County Board of Education. He shall Educatioa^'"'^ ^' 
make such other reports as the County Board of Education oiher reports, 
of the county may require from time to time. 

Sec. 52. The treasurer of the county school fund shall Treasurer's 

'J account of 

keep a book in Avhich shall be entered a full and detailed '"^ceipts. 

account of all public school moneys received by him, the 

name of each person paying him school money, the source 

from which the same may have been derived, and the date 

of such payment. In his settlement with the Sheriff or To receive rn on ev 

^ '^ only froDQ Sheriff 

other collecting officer of public school funds the said officer!^ °"^^^^""^ 
treasurer shall receive money only. 

Sec. 53. Any treasurer of the county school fund fail- S^lu'^lrTfau" 
ing to make reports required of him at the time and in required'in^Ms 
the manner prescribed, or to perform any other duties re- 
quired of him in this act shall be gaiilty of a misdemeanor 
and be fined not less than fifty dollars and not more than 
two hundred dollars, or imprisoned not less than thirty Penalty. 
days, nor more than six months, in the discretion of the 
Court. 

Sec. 54. The Sheriff of each county shall pay annually sheriff to sf ttie 

•^ 1 J J school funds In 

in money to the treasurer of the county school fund on or Treasurer l''n or 

before the thirty-first day of December of each year, the in "achjea? ^^ 

whole amount levied, less such sum or sums as may be 

allowed on account of insolvents for the current year, by 

both State and county, for school purposes, and on failing 

to do so shall be sniilty of a misdemeanor and fined not ^^iiu ea 

fe "^ misdemeanor. 

less than two hundred dollars, and be liable to an action Penalties, 
on his official bond for his default in such sum as will 



32 



^«<^ion^<JJ^bond, cover such default, said action to be brought to the next 
ensuing term of the Superior Court, and upon th6 rela- 
tion of the County Commissioners for and in behalf of 

the State. 

Note. — The only sum deducted from the "whole amount levied 
• by both State and county for school purposes will be that 

allowed on account of insolvents for the current year." 



Sheriff to take 
from Treasurer 
duplicate 
receipts. 



To whom 
transmitted. 



Failure a 
misdemeanor. 

Penalty. 



Items to be 
designated in 
payments and 
receipts. 



When ofllce of 

Treasurer 

expires. 



When he vacates 
his office during 
ftscal school year, 
to file report. 
What to contain. 



This report to be 
included In his 
successor's 
report. 



Sec. 55. The Sheriff or other collecting officer shall 
take duplicate receipt of the treasurer of the county school 
fund for such payment as he may make under this act, 
one copy of which shall be transmitted to the Auditor of 
the State and one to the chairman of the County Board of 
Education, and upon his failure to do so he shall be guilty 
of a misdemeanor and fined or imprisoned as in section 58 
of this act. 

Sec. 56. Whenever the Sheriff" or other collecting offi- 
cer pays over money to the treasurer of the school fund he 
shall designate the items as indicated in section 51 of this 
act, and these items shall be stated in the receipts given by 
the treasurer. 

Sec. 57. If the term of office of any treasurer shall ex- 
pire on the thirtieth day of ISTovember during any fiscal 
school year^ or if for any reason he shall hold office be- 
yond the thirtieth day of IN'ovember, and not foi- the whole 
of, the current fiscal school year, he shall, at the time he 
goes out of office, file with the County Board of Education 
and with his successors a report, itemized, as required by 
section 51 of this act, covering the receipts and disburse- 
ments for that part of the fiscal school year from the thir- 
tieth of June preceding to the time at which he turns over 
the office to his successor, and his successor shall include 
in his report to the State Superintendent the receipts and 
disbursements for the current fiscal year. 

Sec. 58. Each treasurer of the county school fund in 
foing out of ofiice, shall deposit in the ofiice of the Board 



33 

of Education of his county his books, in which are kept ur^er^o'd^lit 

his school accounts, and all records and blanks pertaining and^bianksl"^^ 

to his office. The treasurer of tlie county school fund 

shall, on the last Saturday of each month, attend at his ^^ISpa^J*^ 

office for the purpose of paying school orders; but this 

shall not be construed to prevent the payment of orders 

at other times; and he shall be allowed for compensation T?Ssu?eT^*°'* **^ 

as treasurer of the school fund such sum as the Board of 

Education may allow him, not to exceed two per centum 

of his vouchers paid on orders of School Committees. 

Sec. 59. On the second Monday of July, the County ^SS^ofKhioi 
Board of Education, County Superintendent of Schools 
and Treasurer shall meet at the office of the board and 
settle all the business of the preceding fiscal year. The anc*fbr^ard?ng 
board shall on that day examine the reports of Treasurer T?e?s^ii*Jer and 
and County Superintendent, and if found correct shall superintendent 
direct them to be forwarded. 

Sec. 60. The Auditor of the State shall include on the i^,fj§ffjft?x''^ 
form which he furnishes to the Board of County Commis- oiSVy Auditor, 
sioners and on which the tax lists are to be made out, 
separate columns for school poll tax and school property 
tax, in one of which columns the total poll tax levied by 
the General Assembly and the count}^ authorities for 
schools due by each tax-payer and in the other the total 
property tax levied by the General Assembly on [and] the 
county authorities for schools due by each tax-payer. 

Sec. 61. The Register of Deeds shall furnish to the Register of Deeds 

. to furnish Countj 

County Board of Education, as soon as the tax lists are Boards of Educu- 

^ ' tion abstract of 

made out, an abstract of said lists, showing in separate tax lists, 
columns the total amount of poll tax borne on said lists. What to show, 
and also the total amount of property tax borne on the 
same, and shall furnish such other information from his other 

Infjrmatijn. 

office as the County Board of Education may require. 

Note. — This is a very important section of the school law to 
school officers. 

School Law 3" 



34 



Clerks of courts 
to furnish County 
Boards state- 
ment of fines, 
penalties and 
forfeitures going 
to echool fund, 
when. 



Failure a 
misdemeanor. 

Penalty. 



Duties of teachers 
In schools. 



Dismissal of 
pupils. 



Teachers to keep 
daily recoro. 



Report of 
teacbers to 
Count\ 

Superinte dent, 
wh^t to contain. 



Sec. 62. The Clerks of all Criminal, Superior and Mu- 
nicipal Courts shall furnish to the County Board of Edu- 
cation of the county on the firsit Monday of July and 
January of each year a detailed statement of fines, for- 
feitures and penalties which go to the school fund that 
have been imposed, or which have accrued. Any Clerk 
failing to comply with the duties herein prescribed shall 
be guilty of a misdemeanor, and shall, upon conviction, 
be fined or imprisoned in the discretion of the Court. 

Sec. 63. It shall be the duty of all teachers of free 
public schools to maintain good order and discipline in 
their respective schools; to encourage morality, industry 
and neatness in all of their pupils, and to teach thoroughly 
all branches which they are required to teach. Pupils 
who wilfully and persistently violate the rules of the 
school and any of immoral life and character shall be dis- 
missed by the teacher. 

Sec. 64. Every teacher or principal of a school to 
which aid shall be given under this act shall keep a daily 
record of the attendance of pupils. At the end of every 
term every principal or teacher of a public school shall 
report to the County Superintendent of Schools the 
length of term of school, the race for which it w^as taught, 
the number, the sex, and average daily attendance of the 
pupils, and the number of the district in which the school 
is taught, the number of children on census blank not 
attending any school this year, number of children under 
seventeen years of age not attending any school; state 
some causes w^hy they do not attend, how many families 
having children of school age did not send any of their 
children to school, how many families did ; state Avhat per- 
sonal effort you have made to get these children to attend 
school ; number of children studying primary arithmetic, 
number studying intermediate arithmetic, number study- 
ing advanced arithmetic, number studying primary geog- 



35 

raphj, number studying intermediate geography, num- 
ber studying language lessons, number studying elemenlr 
ary English grammar, number studying higher English 
grammar, number studying elementary history of North 
Carolina, number studying advanced history of North 
Carolina^ number studying elementary history of United 
States, number studying higher history of United States, 
number studying elementary physiology and hygiene, 
number studying advanced physiology and hygiene, num- 
ber studying civil government, number studying Latin, 
number studying algebra, number studying higher Eng- 
lish. Teachers shall file with their Registers at the end Teachers to sie 

^ ^ lecard at end of 

of the school term an accurate record of the promotion, scnoji. 
advancement, and classification of every child attending contents, 
the school just closed. 

Note. — The personal effort made by the teachers to secure 
accurate information required will greatly facilitate his work in 
the school and add to our fund of reliable statistics. The 
County Superintendents should not approve the voucher of any 
teacher who does not intelligently furnish this information. 

Sec. 65. Every school to which aid shall be given under what constitutes 

public school. 

this act shall be a public school to which all children liv- 
ing within the district between the a^'es of six and twenty- Children of 

° & ^ school age 

one years shall be admitted free of charge for tuition. The admitted free, 
committee may admit pay students over twenty-one years Pay students, 
of age. 

Sec. 66. The principal or superintendent of every Principal or 

i:^ r r d supennfer dent 

school or institution of learning supported in whole or in p^^fg^ w houy or 
part by public funds shall report to the State Superin- nfndi'to^report'to 
tendent at such time and in such form as he may direct. tendeut. 

Sec. 67. The fiscal school year shall begin on the first Fiscal school 
day of July and close on the thirtieth of June next suc- 
ceeding. 

Note. — The school year begins on the first day of July. No 
scnool shall be in session at close of fiscal year; i. e., the term 
can not embrace parts of two school years. 



36 



Section 1810 of 
Code to govern 
rightof child to 
attend school. 



Restriction on 
purchase of 
school supplies. 



On recommenda- 
tion, etc., of 
school supplies. 

Violation a 
misden eanor. 
To be removed , 
from office. 



State Board of 
Examiners and 
by whom elected. 



Of whom to 
consist. 



Powers and 
duties. 



One naember to 
visit Colored 
Normal School 
and reiort. 



Reports printed 
a d submitted to 

General 
AssembJy. 
Meetings of Board 
of Examiners, 
when held. 



Compensation. 



Sec. 68. In determining the right of any child to at- 
tend the schools of either race ,the rule laid down in sec- 
tion 1810 of The Code, regulating marriages, shall be 
followed. 

Sec. 69. It shall be unlawful for any County Board of 
Education or School Committee to buy school supplies in 
which any member has a pecuniary interest. IsTor shall 
any school officers or teachers receive any gift, emolument, 
reward or promise of reward for influence in recommend- 
ing or procuring the use of any school supplies for the 
schools with which they are connected. Any person vio- 
lating the provisions of this act shall be removed from his 
position in the public service and shall, upon conviction, 
be deemed guilty of a misdemeanor. 

Sec. 70. The State Bo'ard of Education shall elect bien- 
nially a State Board of Examiners, which shall consist 
of three professional teachers and tlie State Superinten- 
dent of Public Instruction, who shall be ex officio the 
chairman of said board. The said Board of Examiners 
shall have the entire management and control of the Col- 
ored ISTormal Schools of the State, shall prepare a course 
of study for the same, elect teachers therein, fix all sala- 
ries and provide for Summer School of not less than two 
weeks' duration, which all teachers in said I^ormal School 
shall be required to attend. One member of said Board 
of Examiners shall visit each of said Colored Normal 
Schools annually, inspect the work and report in vmting 
to the State Superintendent of Public Instruction, who 
shall have the reports printed and submitted to the Gen- 
eral Assembly on or before January twentieth, 1903. 
Meetings of the State Boards of Examiners shall be held 
at the call of the State Superintendent of Public Instruc- 
tion, and the members shall receive no compensation other 
than traveling expenses and board while attending upon 
their official duties, an itemized statement of which shall 



37 



be kept in the books of the State Superintendent of Public J^I^^JfoVe k?pi. 
Instruction. 

Sec. 71. In every incorporated city or town in which g]^,tS^|Sonn. 

. -, , c T- 1 /^ o corpomted towns 

there is not now levied a special tax lor schools, upon a and cities to order 

/.111 1 • aaelectioaoa 

petition signed by one^fourth of the freeholders therein, q^estion^of^^^ 
the Board of Aldermen or Town Commissioners of said ^^^^^^^ 
city or town shall, at the date of municipal or general elec- ot freeholders. 
tion next ensuing upon the presentation of said petition 
order an election to be held to ascertain the will of the when held, 
people whether there shall be levied in such city or town 
a special annual tax of not more than thirty cents on the ^^JJ^^t^'S tax. 
one hundred dollars valuation of property and ninety 
cents on the poll to supplement the Public School Fund in 
such city or town. Said election, shall be held in the dif- ^^t^^-^^' *^^^ 
ferent election precincts or wards under the law governing 
municipal or general elections in said cities or tovms. At 
said election those who are in favor of the levy and col- 
lection of said tax shall vote a ticket on which shall be 
printed or written the words, ^Tor Special Tax," and Form of ballots, 
those who are opposed shall vote a ticket on which shall 
be printed or written the words, ''Against Special Tax.'' 
In case a majority of the qualified voters at said election if autbonzedby 
is in favor of said tax the same shall be annually levied "^^^^i^ 

,^ ^ and collected. 

and collected in such town or city m the manner pre- 
scribed for the levy and collection of other city taxes. All 
moneys levied under the provisions of this section shall, ^^^'eZhow''''^" 
upon collection, be placed to the credit of the Town School aisposedof. 
Committee, composed of not less than five nor more than 
seven members, appointed by the Board of Aldermen for 
said city or town, and shall be, by said committee, ex- Town^or^cUy to 
ponded exclusively upon the public schools in said city or ^^^^^."^^^ 
town, and there shall be but one school district in the 
said city or town in which there may be established one 
©r more schools for each race, and the School Committee 



38 



Apportionment 
of moneys. 



Formation of 
special school tax 
districts. 



Notice of election. 



Election. 



Amount of tax. 



Election, how 
held. 



Form of ballots. 



If majority of 
qualified voters 
favor tax, same to 
be levied and 
collected. 



Disposition of 
moneys so 
collected. 



shall apportion the money among said schools in such 
manner as in their judgment will equalize school facilities. 
Sec. 72. Special school tax districts may be formed by 
the County Board of Education in any county without re- 
gard to township lines under the following conditions: 
Upon a petition of one-fourth of the freeholders within the 
proposed special school districts, endorsed by the County 
Board of Education, the Board of County Commissioners, 
after thirty days' notice at the court-house door and three 
other public places in the proposed district, sball hold an 
election to ascertain the will of the people within the 
proposed special school district whether there shall be 
levied in said district a special annual tax of not more 
than thirty cents on the one hundred dollars valuation of 
property and ninety cents on the poll to supplement the 
Public School Fund, which may be apportioned to said 
district by the County Board of Education in case such 
special tax is voted. Said election shall be held in the 
said district under the law governing general elections 83 
near as may be. At said election those who are in favor 
of the levy and collection of said tax shall vote a ticket 
on which shall be printed or written the words, "For Spe- 
cial Tax," and those who are opposed shall vote a ticket on 
which shall be printed or written the words, '^Against Spe- 
cial Tax." In case a majority of the qualified voters at 
said election is in favor of said tax the same shall be an- 
nually levied and collected in the manner prescribed for 
the levy and collection of other taxes. All money levied 
under the provisions of this act shall, upon collection be 
placed to the credit of the School Committee in said dis- 
trict, which committee shall be appointed by the County 
Board of Education ; and the said School Committee shall 
apportion the money among the schools in said districts 
in such manner as in their judgment shall equalize school 
facilities. 



39 

Sec. 73. The provisions of this act shall not apply to ^p^'^ilg^^o?'' 
any township, city or town now levying a special tax for ^^i^act. 
schools and operating under special laws or charters, or to 
schools operating under section 47, chapter 199, Laws of 
1889, school districts in any city or town now operating 
under section 47, chapter 199, Laws of 1889, are hereby 
continued and all vacancies in the School Committee vacancies in 

certain special 

therein shall be filled by the (bounty Board of Education, KJ'^A^fed!''^''^^' 
and if said districts comprise a township there Where districts 

^ ^ comprise a town- 

shall not be appointed township school committee- reiativ?th^ereto.* 
men for said township, and all appoTtionment shall be 
made directly to the committee of said districts. 

Sec. 74. Section 47, chapter 199, Laws of 1889, is fe^r^'iorLaW^S 
hereby amended by striking out the words, '^By and with s-^^endec 
the consent of the County Board of Education." 

Sec. 75. That all laws and clauses of laws in conflict conflicting laws 

repealed. 

with the provisions of this act shall be and the same is 
hereby repealed. 

Sec. 76. That this act shall be in force from and after 
its ratification. 

In the General Assembly read three times, and ratified 
this the 11th day of March, A. D., 1901. 



An Act to amend the Public School Law, ratified March II, 1901. 

The General Assembly of North Carolina do enact: 

Section 1. That the word ^Svith'' in line 49 of section section 20 
20, and after ''places" and before ^^the" be stricken out 
and ^'by'' inserted therefor. 

Sec. 2. That the word ''continued" after "be" and be- section 22 

amended 

fore "as" in line 38, section 22, be stricken out and "con- 
tinuous" be inserted therefor. 

Sec. 3. That the capital "M" in the word "May" after section 27 

amended. 

and before "if" in line 4, section 27, be changed to a 
small "m." 

Sec. 4. That after "'schools'' and before ^'tuhen^' in line section 37 

A ' If '1 • 1 1 • amended. 

34, section 3<, strike out the period and msei^t a comma. 



40 



Section 41 
amended. 



Section 37 
amended. 



Sec. 5. After "subject" and before "removal" in line 
46, section 41, strike out "of" and insert "to." 

Sec. 6. After ''race'' and before 'Jor' in line 16, sec- 
tion 57, strikeout ''respectfully" and insert "respectively." 

Sec. 7. That this act shall be in force from and after 
its ratification. 

In the General Assembly read three times, and ratified 
this the 15th day of March, A. D. 1901. • 



An Act to Establish a Text-Book Commission. 



state Board of 

Education 

constitvited State 

Text-Book 

Commissloa 

Duties. 



To select and 
adopt uniform 
text books 
for pubiio 
schools. 



When adopted 
to be used 
five years. 

Unlawful to use 
other books. 



Branches 
Included in 
uniform series. 



The General Assembly of North Carolina do enact: 

Section- 1. That the State Board of Education, shall 
be and is hereby constituted a State Text-Book Commis- 
sion, whose duty it is to select and adopt a uniform series 
or system of text-books for use in the public schools in the 
State of IS^orth Carolina. 

Sec. 2. That said Commission is hereby authorized, 
empowered and directed to select and adopt a uniform sys- 
tem or series of text-books for use in the public schools of 
the State, as above indicated, and when so selected and 
adopted, the text-books shall be used for a period of five 
years, in all the public schools of this State, and it shall 
not be lawful for any school officer, director or teacher, 
to use any other books upon the same branches, other than 
those adopted by said State Text-Book Commission. Said 
uniform series shall include the following branches, to- 
wit: Orthography, defining, reading, w^riting, drawing, 
arithmetic, geography, grammar, language lessons, history 
of Xorth Carolina, containing the Constitution of the 
State; history of the United States, containing the Con- 
stitution of the United States, physiology, hygiene, nature 
and effect of alcoholic drinks, and nartotics, elements of 
civil government, elements of agriculture, theory and 
practice of teaching: Provided, that none of said t^xt- 



41 



books shall contain anything of a partisan or sectarian ^.'J^n.^^'" 

character. Governor to 

Sec. 3. It shall be the duty of the Governor to appoint ap^omt^sub- 
a sub-commission of not less than five, nor more than ten, Number.^^^^ 
to be selected from among the teachers, or city or coimty ^^^o eligible, 
superintendents, actually engaged in the school business 
in this State: Provided, that not more than two of these 
shall be taken from and Congressional District, to whom Location, 
shall be referred all books sent to the State Text-Book 
Commission as specimen copies or samples, upon which ^^^^^^^^ 
bids are to be based, and it shall be the duty of said sub- oommS'sion. 
commmission, in executive session, to examine and report 
upon the merits of the books, irrespective of the price, . 
taking into consideration the subject-matter of the books, 
their printing, their material, and their mechanical quali- 
ties, and their general suitability and desirability for the 
purposes for which they are desired and intended. 

Sec. 4. That it shall further be the duty of said sub- to^^SS£'''^^ 
commission to report to the Commission at such time as ^o^^ission. 
said Commission shall direct, arranging each book in its 
class, or division, and reporting them in the order of their e^nfam^^^'^ ^"^ 
merit, pointing out the merits and demerits of each book, 
and indicating what book they recommend for adoption 
first, what book is their second choice, and their third 
choice, and so on, pursuing this plan with the books sub- 
mitted upon each branch of study, and if said sub-com- 
mission shall consider different books upon the same sub- 
ject, or of the same class or division of approximately 
even merit, all things being considered, they shall so re- 
port, and if they consider that any of the books offered are 
of such a class as to make them inferior and not worthy of 
adoption, they shall, in their report, so designate such 
books, and in said report they shall make such recom- 
mendations and suggestion to the Commission as they shall f^^^l^l^^"- ^ 
deem advisable and proper to make. Said report shall be fe^rlo? ^"^ ^^" 

, T 1. 1 n i. Commission. 

kept secret and sealed u^, and delivered to the secretary 



42 



When opened. 



Oath of Sub- 
Commissitners. 



Text Book 
Commission, in 
selection of 
boobs, shall 
consider report 
of Sub-C om- 
missioa and the 
bcoks thena 
selves. 



Selection of 
books. 



Procedure If 
price of book 
desired is 
unreasonably 
high. 



of the Commission, and said report shall not be opened by 
anv member of the Commission until the Commission 
shall meet in executive session to open and consider the 
bids, or proposals, of publishers, or others, desiring to 
have books adopted by said Commission. 

Si:c. 5. That each member of said sub-commission^ be- 
fore entering upon the discharge of his duties, shall take 
and subscribe an oath to act honestly, conscientiously, and 
faithfully, and that he is not now, and has not within two 
years prior to his appointment, been agent or attorney, or 
in the employment of, or interested in, any book, or pub- 
lishing house, concern, or corporation, making, or propos- 
ing to make, bids for the sale of books, pursuant to the 
provisions of this act; and that he will examine all books 
submitted carefully and faithfully, and make true report 
thereon, as herein directed and prescribed. Said oath 
shall be filed in the office of the Secretary of State. 

Sec. G. That said Text-Book Commission shall hear and 
consider said report in its selection and adoption of a uni- 
form series of text-books, and shall also, themselves, con- 
sider the merits of the books, taking into consideration 
their subject-matter, the printing, binding, material, and 
mechanical quality, and their general suitability and de- 
sirability for the purposes intended, and the price of said 
books, and they shall give due consideration to the report 
and recommendation of said sub-commission. Said Com- 
mission shall select and adopt such books as will, in their 
best judgment, accomplish the ends desired ; and they are 
hereby authorized and directed, in case any book, or books 
are deemed by them suitable for adoption, and more de- 
sirable than other books, or book, of the same class, or 
division, submitted, and they further consider the price at 
which such book, or books, are offered to be unreasonably 
high, and that it should be offered at a smaller price, to 
immediately notify the publisher of such books, or book, 
of their decision, and request such reduction in price as 



43 

tliey deem reasonable or just, and if they and such pub- 
lishers shall agree on a price they may adopt this book, or 
books, but if not, they shall use their own sound judgment 
and discretion whether they will adopt that or the book, adop'Son" ^^ 
or books, deemed by them the next best in the list sub- 
mitted. And when said Text-Book Commission shall have 
finished with the report of said p-iib-oommission, the said ^oSSs^i^n to be 
report shall be filed and preserved in the office of the Sriite sulSerfntSdenl;^ 
Superintendent of Public Instruction, and shall be open inbuuction. ';'""' 
at all times for public inspection. 

Sec. 7. That said Text-Book Commission shall, imme- organization of 

' Commission. 

diately after the passage of this act, meet and organize, 
the Governor being ex officio President of the Commission, 
and the Superintendent of Public Instruction its Secre- 
tary. As soon as practicable, not later than thirty days 
after its ors'anization, the Commission shall advertise in Advertisement 

° ' for bids for 

such manner, and for such a length of time, and at such famishing books. 

places as may be deemed advisable, that at a time and 

place fixed definitely in said advertisement sealed bids, or 

proposals, will be received from the publishers of school 

text-books for furnishing books to the public schools in the 

State of North Carolina, through agencies established by 

said publishers in several counties, and places in counties 

in the State, as may be provided for in such regulations 

as said Commission may adopt and prescribe. The bids, Bids to be for 

'^ ^ ^ ^ ' furnishing books 

or proposals, to be for furnishing the books for a period for five years. 

of five years, and no longer, and that no bid for a longer 

period will be considered. Said bid, or bids, shall state Bid to state 

* . ' price, accom- 

specificallv and definitely the price at which book, or paniedby 

^ ♦^ .' r ' specimen copies. 

books, are to be furnished, and shall be accompanied by 
ten or more specimen copies of each and every book pro- 
posed to be furnished, and it shall be required of each 
bidder to deposit with the Treasurer of the State a sum of Bidder to 

J deposit a sum 

money, such as the Commission may require, not less than g[aTe°TrlkSJier 
$500, or more than $2,500, according to the number of ^^o^ffih^^ 
books each bidder may p^^opose to supply, and notice shall 



44 



Forfeiture of 
deposit. 



Bids sealed, 
deposited with 
Secretary of 
State and 
delivered by him 
to Commission. 



Commission 
to meet. 



Refer specimen 
copies to Sub- 
Commisfeion. 

Instructions 
to Sub 
Commission. 



Duties of 
Commission on 
reception of 
report of Sub- 
Commission. 



All books 
must be in 
English. 



further be given in said advertisement tiiat such deposits 
shall be forfeited absolutely to the State if the bidder mak- 
ing the deposit of any sum shall fail, or refuse, to make 
and execute such contract and bond, as is hereinafter re- 
quired, within such time as the Commission shall require, 
which time shall also be stated in said advertisement. All 
bids shall be sealed and deposited with the Secretary of 
State, to be by him delivered to the Commission when they 
are in executive session, for the purpose of considering 
the same, when they shall be opened in the presence of 
the Commission. 

Sec. 8. That it shall be the duty of the said Text-Book 
Commission to meet at the time and place designated in 
such notice, or 'advertisement, and take out the sample, 
or specimen, copies submitted, upon which the bids are 
based, and refer and submit them to the sub-commission, 
as provided for and directed in section 3 of this act, with 
instructions to the said sub-commission to report back to 
them, at a time specified, with their report, classification, 
and recommendation, as provided in sections 3 and 4. 
When the said report is submitted it shall be the duty of 
the said Text-Book Commission to meet in executive ses- 
sion to open and examine all sealed proposals submitted 
and received in pursuance of the notice, or advertisement, 
provided for in section 7 of this act. It shalLbe the duty 
of said Commission to examine and consider carefully all 
such bids, or proposals, together with the report and 
recommendation of the sub-commission, and determine in 
the manner provided in section 6 of this act what book, or 
books, upon the branch hereinabove mentioned, shall be 
selected for adoption, taking into consideration the size, 
quality as to the subject-miatter, material, printing, bind- 
ing, and the mechanical execution, and price, and the 
general suitability for the purpose desired and intended : 
Provided, however, that all books selected, or adopted, 
shall be written, or printed, in English. After their selec- 



45 

tion, or adoption, shall have been made, the said Commis- Af^^^^^o^^^on 
sion shall, by registered letter, notify the publishers, or ^^^^f^l^^^ 
proposers, to whom the contracts have been awarded, and 
it shall be the duty of the Attorney-General of the State to Attorney-^ ^^^ 
prepare the said contract, or contracts, in accordance with pare contracts, 
the terms, or provisions, of this act, and the said contract 
shall be executed by the Governor and the Secretary of How executed. 
State, and the seal of the State attached upon the part of 
the State of North Carolina, and the said contract shall 
be executed in triplicate, one copy to be kept by the con- Efpecutedin 
tractor, one copy to be kept by the Secretary of the Text- copies, by whom 
Book Commission, and one copy to be filed in the office 
of the Secretary of State. At the time of the execution of 
the contract aforesaid, the contractor shall enter into a Contractor's 
bond in the sum of not less than ten thousand dollars, 
payable to the State of E'orth Carolina, the amount of said 
bond, within said limits, to be fixed by said Commission, 
conditioned for the faithful, honest, and exact perform- 
ance of this contract, and shall further provide for the 
payment of reasonable attorney's fees in case of recovery 
in any suit upon the same, with three or more good and 
solvent sureties, actual citizens and residents of the State 
of ISTorth Carolina, or any guaranty company authorized 
to do business in the State of E'orth Carolina, may become 
the surety on the said bond; and it shall be the duty of 
the Attorney-General to prepare and approve said bond: ^^^^rney^^^^ 
Provided, however, that said bond shall not be exhausted gare^aod approve 
by a single recovery, but may be sued on from time to gi^^^g^e recove^^ 
time until the full amount thereof shall be recovered, and ^ond. 
the said Commission may, at any time, by giving thirty 
days' notice, require additional security or additional ^a^y^^^qui^^^ 
bond. And when any firm, person, or corporation shall security, 
have been awarded a contract, and submitted therewith gJ^f^l^.^^J^it^ed 
the bond as required hereunder, the Commission, through J^^^.^n^t^* 
its Secretary, shall so inform the Treasurer of the State, ^wio's'SJifrXm 
and it shall then be the, duty of the Treasurer to return to °^^^ ^^p^^^"" 



46 



Treasurer to 
return ca«h 
def osits of 
unsuccessful 
bidders. 



Su'-cesssul bidder 
failing or 
refusing to exe- 
cute coutract 
and submit 
bond, cash 
deposit forfeited. 



When forfeited, 
how disposed of. 



Recoveries on 
bond inure to 
benefit of school 
fund. 



Text-books 
must always 
equal specimens. 



Secretary of 
State to pr^ serve 
specimen copies 
and original bids. 



Contract and 
exchange price 
to be pnnifd on 
back of booths 
alter aaoption. 



such contractor the cash deposit made by him, and the 
said Commission, tlircugh li.- cc'^rotary, shall inform the 
Treasurer of the names of siiCx, unsuccessful bidders, or 
proposers, and the Treasurer shall, up-^'u the receipt of this 
notice, return to them the amount deposited hj them in 
cash at the time of the submission of their bids. But 
should any person, firm, or company, or corporation fail, 
or refuse, to execute a contract, and submit therewith his 
bond as required by this act, within thirty days of ti.o 
awarding of the contract to him, and the mailing of the 
registered letter containing the notice: Provided, the 
mailing of the registered letter shall be sufficient evidence- 
that the notice was given and received, the said cash de- 
posit shall be deemed and is hereby declared forfeited to 
the State of ^^orth Carolina and it shall be the duty of 
the Treasurer to place such cash deposit in the Treasury 
of the State to the credit of the school fund ; And provided 
further, that any recovery had on any bond given by any 
contractor shall inure to the benefit of the school fund in 
the State and counties, and when collected shall be placed 
in the Treasury of the school fund. 

Sec. 9. That the books furnished under any contract 
shall, at all times during the existence of the contract be 
equal to, in all respects, the specimen, or sample, copies 
furnished with the bid, and it shall be the duty of the 
Secxetary of State to carefully preserve in his office, as the 
standard of quality and excellence to be maintained in 
such books during the continuance of such contracts, the 
specimen, or sample, copies of all books which have been 
the basis of any contract, together with the original bid, 
or proposal. It shall be the duty of all contractors to 
print plainly on the back of each book the contract price, 
as well as the exchange price at which it is agreed to be 
furnished, but the books submitted as sample, or specimen 
copies, with the original bid shall not have the price 
printed on them before they are submitted to the sub^ 



47 

commission. And the said Text-Book Commission shall 
not^ in any case, contract with any person, publisher, or 
pubKshers, for the use of any book, or books, which are to 
be, or shall be, sold to patrons for use in any public school 
in the State, at above, or in execess of, the price at which fj^e? priS^eili 
such book, or books, are furnished by said person, pub- bidde^r's^Jrice for 
lisher, or publishers, under contract to any State, county, LdoptS^.^ ^° ^^ 
or school district in the United States, under like condi- 
tions as those prevailing in this State and under this act. 
And it shall be stipulated in each contract that the contrac- stipulations 

^ ^ ^ _ in < ontract as to 

tor has never furnished, and is not now furnishing, under JJ^^oJj^g^*^®^ 
contract ,any State, county or school districi in the United s^atS^^rounfies 
States, where like conditions prevail as are prevailing in t^ictb uS^emf" 
this State, and under this act, the same book, or books, as 
are embraced in said contract at a price below or less than 
price stipulated in said contract, and the said Commis- 
sion is hereby authorized and directed, at any time that 
they may find that any book, or books, have been sold at a 
lower price under contract to any State, county, or school 
district aforesaid, to sue upon the bond of said contractor contractor 

' ^ -violating stlpu- 

and recover the difference between the contract and the lation, procedure, 
lower price for which they find the book, or books, have 
been sold. And in case any contractor shall fail to exe- 
cute specifically the terms and provisions of his contract, 
said Commission is hereby authorized, empowered, and ^^^fiQ^|°t?execute 
directed to bring suit upon the bond of such contractor comract^p'ra ^ 
for the recovery of any and all damages, the suit to be in °®^"^®- 
the name of the State of North Carolina, and the recovery 
for the benefit of the public school fund. But nothing in 
this act shall be construed so as to prevent said Commis- co^J^JtoJ^Sil?** 
sion and any contractor agreeing thereto from in any man- auer contract, 
ner changing or altering any contract: Provided^ four Proviso, 
members of the Commission shall agree to the change, and 
think it advisable and for the best interest of the public 
schools of this State. 



48 



state not liable 
to contractor. 



Oompensatioa of 
contrac or, solely 
from proceeds ol 
book sales. 



Contractors to 
take o'd books 
in exchange for 
new at not Jess 
than fifty per 
cent of contract 
price. 



Bids to state 
exchange price 
ot books 
furnished. 



Right to reject 
bids reserved. 



Failure to adopt 
from bids 
suboDitted, 
Cammission 
may le- 
advertise. 



Sanr e provisions 
to apply. 



May advertise 
fo^- bids for 
books in manu- 
script, not 
published 



State cein not 
contract to pay 
for publication. 



Sec. 10. That it shall always be a part of the terms 
and conditions of every contract made in pursuance of 
this act, that the State of i^orth Carolina shall not be 
liable to any contractor in any manner for any sum what- 
ever, but all such contractors shall receive their pay, or 
consideration, in compensation solely and exclusively de- 
rived from the proceeds of the sale of books as provided 
for in this act : 

Provided furtJier.that the Commission shall stipulate in 
the contract for the supplying of any book, or books, as 
herein provided, that the contractor, or contractors, shall 
take up scliool books now in use in this State and receive 
the same in exchange of new books, allowing a price for 
such old books not less than fifty per cent of the contract 
price of the new books. And each person or publisher,mak:- 
a bid for the supplying of any book, or books, hereim.der, 
shall state in such bid, or proposal^ the exchange price at 
which such book, or books, shall be furnished. 

Sec. 11. That the Text-Book Commission shall have 
and reseiwe the right to reject any and all bids, or propos- 
als, if they shall be of opinion that any or all shou^i, for 
any reason, be rejected. And in case they fail from among 
the bids, or proposals submitted, to select, or adopt, any 
book, or books, from any of the branches mentioned in 
section 2 of this act, they may re-advertise for sealed bids, 
or proposals, under the same terms and conditions as be- 
fore^ and proceed in their investigations in all respects 
as they did in the first instance, and as required by the 
terms and provisions of this act, or they may advertise 
for sealed bids, or proposals, from authors, or publishers, 
of text-books, who have manuscripts of books not yet pub- 
lished, for prices at which they will publish and furnish 
in book form such manuscripts for use in the public 
schools in T^orth Carolina, proceeding in like manner as 
before; And Provided further, the State itself shall not, 
under any circumstances, enter into any contract binding 
it to pay for the publication of any book, or books, but in 



49 

the contract with the owner of the manuscript it shall be ^rovfJe\Sit^^ 

provided that he shall pay the compensation to the publish- pubStqnf "^ 

er for the publication and putting in book form the manu- ^^p^"^ ^"^' ® 

script, together with the cost and expenses of copyrighting 

the same; And Provided furthe^^ that in all cases bids, or ^^ 'J^^^^^^oJ^ 

proposals, shall be accompanied with a cash deposit of must accompany 

from $500 to $2,500, as the Commission may direct, and 

as provided in section 7 of this act. And it is further 

expressly provided, that any person, firm, or corporation, 

now doing business, or proposing to do business, in the 

State of ^orth Carolina, shall have the right to bid for the 

contract to be awarded hereunder in manner as follows: 

In response to the advertisement, when made as hereinbe- Form and 

^ , ^ ^ ^ method of bid- 

fore provided, said person, firms, or corporations, may sub- ^iStract to^be 
mit the written bid, or bids, to edit, or have edited, pub- J^jAcfby^any 
lished and supplied for use in the public schools in this domg^^or^purpos- 
State any book, or books, provided for hereunder: Pro- bvfsiness in North 
vided, that instead of filing with the said bids, or pro- 
posals, a sample or specimen, of copy of each book pro- 
posed to be furnished, he may exhibit to the Commission 
in manuscript, or printed form, the matter proposed to 
be incorporated in any book, together with such a descrip- 
tion and illustration of the form and style thereof, as will 
be fully intelligible and satisfactory to the said Commis- 
sion, or he may submit a book, or books, the equal of 
which in every way they propose to furnish ; and he shall 
accompany his bids, or proposals, with cash deposit here- 
inbefore provided: 

Provided, that all books and manuscripts shall be ex- ah books and 

^ _ ^ manuscript to 

amined and reported upon by said sub-commission pro- ^^d reported 
vided for in section 3 of this act. cSmn^fisfon." 

Sec. 12. That as soon as said Commission shall have when contract 

entered into, 

entered into a contract, or contracts, for the furnishing, or p^^o'ciamat^iSn^^'^^ 
supplying, of books for use in the public schools in this 
State, it shall be the duty of the Governor to issue his 
proclamation announcing such fact to the people of the 
State. 

School Law 4 



50 



Method of 
distribution of 
books. 



Provisions for 
persons living in 
counties where 
no agency 
established to 
secure books. 



Price of books, 



Statement to be 
printed on each 
book. 



On breach of 
contract, 
Chairman or 
any member of 
County Board 
of Education 
may sue 
contractor. 



Recovery. 



Service of 
process. 



Sec. Vo. That there shall be maintained in each. county 
in the State, provided the Conrmission shall deem it ad- 
visable, and so demand, not less than one, or more than 
six, agencies for the distribution of the books to the 
patrons, or the contractor shall be permitted to make ar- 
rangemen'ts with merchants, or others, for the handling 
and distribution of the books, and parties living in the 
county where no agency has been established, or no ar- 
rangement made for distribution,may order the same from 
one of the contractors, and it shall be the duty of the con- 
tractor, or contractors, to deliver any book, or books, so 
ordered, to the person ordering, to his post-office address, 
freight, express^ postage, or other charges, prepaid, at the 
retail contract price : Provided, the price of the book, or 
books, so ordered shall be paid in advance. All books 
shall be sold to the consumer at the retail contract price, 
and on each book shall be printed the following: ''The 
price fixed hereon is fixed by State contract, and any de- 
viation therefrom shall be reported to your County Su- 
perintendent of Public Instruction, or the State Super- 
intendent at Kaleigh.'^ And it is expressly provided that 
should any party contracting to furnish books, as provided 
for in this act, fail to furnish them, or otherwise breach 
his contract, in addition to the right of the State to sue 
on the bond hereinabove required, the chairman of the 
County Board of Education, or, any member of said Board 
of Education, may sue in the name of the State of North 
Carolina, in the courts of the State of North Carolina 
having jurisdiction, and recover on the bond given by the 
contractor the full value of the books so failed to be 
furnished, for the use and benefit of the school fund of 
the county: Provided, that in all cases service of process 
may be had and deemed sufficient on any agent of the 
conti'actor in the county, or if no agent is in the county, 
then sei'vice of any depository, and this service shall be. 



51 



and stand in the place of service on the defendant con- 
tractor. 

Sec. 14. That said Commission may, from, time to Power of 

•^ ' Commission to 

time, make any necessary regulations not contrary to the J^^Jiations 
provisions of this act, to secure the prompt distribution of 
the books herein provided for, and the prompt and faith- 
ful perfoiTnance of all contracts, and it is especially now 
provided that said Commission shall maintain its organi- 
zation during the five years of the continuance of the con- Term of 

, ^ , . . „ , T . Commission. 

tract, and aiter the expiration oi the same to re-advertise At expiration 
for new bids, or proposals, as required by this act, in the commifSonto 

re-advertise and 

first instance, and enter into such other contracts as they contract, 
may deem best for the interest of the patrons of the pub- 
lic schools of the State: Provided, any contract entered JJiacttL^be^t^'r'five 
into, or renewed, shall be for the term of five years. years. 

Sec. 15. That as soon as practicable after the adoption immediately 

■^ ^ after adoption, 

provided for in this act, the State SupeTintendent shall tendeS^tonotify 
issue a circular letter to each County Superintendent in superintendents, 
the State, and to such others as he may desire to send it, 
which letter shall contain the list of books adopted, the 
prices, location of agencies, and method of distribution, 
and such other information as he may deem necessary. 

Sec. 16. That as soon after the passage of this act as Books adopted 

^ to be exclusively 

may be practicable, and the Commission shall deem advis- ^^^d in public 

•^ ^ ' schools as soon as 

able, the books adopted as a uniform system of text-books Practicable, 
shall be introduced and used as text-books, to the exclu- 
sion of all others in all the public free schools in the 
State: Provided, that nothing herein shall be so con- Proviso as to 

/.I 111 supplementary 

strued as to prevent the use oi supplementary books, but books, 
such supplementary books shall not be used to the exclu- 
sion of the books prescribed, or adopted, under the provi- 
sions of this act: And provided, further, that nothing^ in Proviso as to 

^ ' ^ teaching higher 

this act shall prevent the .teaching in any school anv branches and 

^ & ./ I use ot books 

branch higher, or more advanced, than is embraced in ^^^c^'^*"- 
section 2 of this act, nor the use of any book upon such 
higher branch of study: Provided, that such higher 



52 



If no contract 
made, or 
contractor fails 
to furnish books, 
patrons may 
procure in usual 
way. 



Penalty for 
teacher wilfully 
using or per- 
mitting to be 
used books other 
than those 
adopted upon 
the same 
branch. 



How long books 
now in use 
may be used. 

Penalty for 
selling books for 
a greater than 
contract price. 



Text-Book Com- 
mission to 
serve without 
conapensation. 

Compensation 
of Sub- 
Commission. 



Must make 
verified expense 
account. 

Conflicting laws 
repealed. 



branch shall not be taught to the exclusion of the branches 
mentioned and set out in section 2 of this act. 

Sec. 17. That nothing herein shall be construed to pre- 
vent or prohibit the patrons of the public schools through- 
out the State from procuring books in the usual way, in 
case no contract shall be made, or the contractor fails, or 
refuses, to furnish the books provided for in this act at 
the time required for their use in the respective schools. 

Sec. 18. That any teacher who shall wilfully use, or 
permit to be used, in his or her school, any text-book upon 
the branches embraced in this act, where the Commission 
has adopted a book upon that branch, other than the one 
so adopted, the County Board of Education shall dis- 
charge and cancel the certificate of said teacher, or school 
superintendent: Provided, that they may use, or permit 
to be used, such book, or books, as may now be owned by 
the pupils of the school, until such books are worn out, not 
exceeding one year from date of adoption. 

Sec. 19. That any dealer, clerk, or agent, who shall 
sell any book for a greater price than the contract price 
shall be guilty of a misdemeanor, and upon con^dction 
shall be punished by a fine not exceeding $50.00. 

Sec. 20. That said Text-Book Commission shall serve 
without compensation, and members of the sub-commis- 
sion actually serving shall be paid a per diem of four dol- 
lars per day, during the time that they are actually en- 
gaged, not to exceed thirty days, and in addition shall be 
repaid all money actually expended by them in the pay- 
ment of necessary expenses, to be paid out of the public 
school fund, and they shall make out and swear to an item- 
ized statement of such expenses. 

Sec. 21. That all laws and clauses of laws in conflict 
with this act be and the same are hereby repealed. 

Sec. 22. That this act shall be in force from and after 
its ratification. 

In the General Assembly read three times, and ratified 
this the 8th day of February, A. D. 1901. 



INDEX TO SCHOOL LAW. 



A 

Sectiois. 

Action on Sheriffs' bonds, how brought 54 

Additional powers of Boards of Education 14 

Amount of contracts restricted 34 

Annual report of State Superintendent 5 

Annual settlement of school business, second Monday of July 59 

Appeals can be taken from decisions of County Boards to condemn land.. 31 
Appeals from decisions of County Boards affecting one's character or right 

to teach i 15 

Apportionment made on basis of population 1 

Apportionment of school funds . , 24 

Apportionment semi-annual 25 

Appropriations for Teachers' Institutes 26 

Auditor to send out revised forms of blanks for tax lists GO 

Auditor to keep separate accounts of school funds 1 

B 

Branches taught in public schools 'M 

Boundaries of school districts 2.> 

C 

County Board of Education — ^To estimate amount necessary to maintain 

schools for four months t) 

How elected 12 

When to enter upon duties 12 

How to fill vacancies 1 2 

Term of office 12 

Corporate^ body 13 

i-Uities and powers 13 

To obev insi.i notions of State Superintendemt and his constructions 

of school law 13 

To fix time for opening and closing public schools i:-; 

To make needful rules and regulations for conducting schools .... 13 

Powers over teachers and applicants 15 

Chairman to report election of County Superintendent to State 

Superintendent 16 

To appoint School Committeemen 17 

Compensation of County Boards 27 

Time of regular meetings 27 

To examine books, vouchers and accounts of Treasurer 27 

Power to punish for contempt 28 

Power to receive gifts, dispose of property, deeds, proceeds 30 

May receive suitable sites by domation or purchase 31 

Power to condemn sites and report to Clerk of Superior Court. ... 31 

To provide office for County Superinterdent 36 

Authority to remove County Super. ntendent on complaint of State 

Superintendent for immorality or neglect of duty 10 



54 

County Board of Bdac-dtion—Contwued. Section. 

Authority to remove County Superintendent on complaint of State 

Superintendent for failure to make report i L 

To apportion the school fund 24 

To make appropriation for Teachers' Institutes 26 

To divide townships into school districts 29 

To form a school district out of portions of contiguous townships. . 29 

To administer oaths 16 

To take oath to perform duties 45 

To fix maximum salary of teachers 21 

Committeemen — How appointed 17 

Compensation to To-wiiship Committeemen IT 

To furnish school cersus report 20 

Compensation for making census 20 

To organize and record proceedings, etc 18 

To care for school property 19 

To keep permanent record O'f expenditures, etc 21 to 35 

Power to employ and dismiss teachers 22 

To give order for teachers' salaries 23 

Power to close schools 2J 

May contract with principal of private school 33 

To give notice of election of teachers 20 

County Superintendent — How and Avhen elected 16 

Qualifications 16 

Term of office IG 

Furnish blanks for committeemen 20 

Authority over teachers of private schools where public fund is 

used 33 

To administer oaiths 16 

To take oath to perform duties 45 

Secretary Board of Education 36 

To issue notices and orders of County Board 36 

To record school statistics 36 

To look after forfeitures, fines and penalties 36 

To examine teachers 3? 

Shall not renew second-grade certificate except upon re-examina- 
tion 37 

To hold teachers' meeting in each township 38 

To advise with teachers 39 

Power to suspend teachers with concurrence of School Committee. 39 

Required to visit schools 39 

To distribute school registers, blanks for statistics, and to have 

statistics fully and properly reported lO 

To make annual report to State Superintendent on or before 

July 1st 4i. 

To keep a copy of report to State Superintendent 41 

To furnish list of dumb and blind children 43 

Compensation 44 

Residence i ,. . 44 

Unlawful to teach school 44 

To sign vouchers, orders, etc 4S 

County Commissioners — To approve Treasurers' bond 47 

To order special school tax elections 72 

To bring £:ction against defaulting Sheriff '. 54 

CommicsionerK of incorporated towns authorized to order elections 

lor schools 71 



55 

Section. 
Clerks of Court — 'I'o furnish County Boards statement of fines, forfeitures, 

eitc. 62 

To record and keep deeds 32 

Certificates, grades, etc 37 

D 
Deeds. (See Clerk of Court.) 

Districts, how formed, etc 29 

Duties of teachers in schools 03 

Dismissal of pupils 63 

E 

Examination of teachers — Where, when conducted, fees, etc 37 

Employment of teachers 20 

F 

Fiscal school year 07 

Formation of districts from contiguous townships 29 

Funds, how and where expended 6 

Fundc. how apportioned to equalize school terms 24 

G 

Grades. (See certificates.) . , 37 

I 

Institutes, by whom conducted 26 

M 

Misdemeanor for County Treasurer to fail to do any duty required 53 

Misdemeanor to disturb school or injure school property 28 

Minimum distance between schools 29 

Minimum number of children to school district 29 

O 

Oaths — Members of County Boards, Committeemen and Superintendents 

to take oath to perform duties 45 

Orders — For teachers' salaries, limit to amount of order 4S 

For building and repairs not to be paid till title passed 48 

On Treasurer, when valid 23 

P 

Pay students 65 

Proceeds from swamp lands, grants, etc., to be appropriated to public 

schools 4 

Proceeds from estrays, fines, penalties, forfeitures, liquor licenses to remain 

in counties for school fund 5 

Power to employ and dismiss teachers 22 

Place for holding examiination 37 

Qualifications of County Superintendent. (See County Superintendent.) 

R 

Right of Superior Courts to review actions of County Boards 15 

Report of number of public school-houses and value 20 

Report of list of persons unable to read and write 20 

Restrictions as to third grade certificates 22 

Restrictions on Committee in giving orders 34 

Restrictions on use of annual school fund 34 

Restrictions in purchase of school supplies 69 

Removal of School Commit4:eemen *i2 



^'OfC. 



56 

Section. 

Register of Deeds to fiirnisli County Boards abstract of tax lists Gl 

Report of teachers to County Superintendent 64 

Right of children to attend school^ section 1810 of Code Gb 

S 

State Board of Education, duties and powers 1, 2, 16, 44, VO 

State Superintendent of Public Instruction, duties and powers. 7, 8, 9, 10, 11, 26 

Special school tax, how levied 71 

School, public, defined 65 

School funds paid into treasury, how neid and paid out ■. 3 

School month defined 22 

School year defined , 67 

School term to be continuous 22 

School district, how formed 2d 

Sheriffs to serve subpoenas 1.5 

Sheriffs to settle with County Treasurer on or before December 1st of each 

year 51 

Sheriffs to take duplicate receiipts, to transmit one copy to State Auditor, 

the other to chairman of County Board of Education 55 

Sheriffs to give itemized receipts according to section 51 . 56 

State Board of Examiners — How and when appointed, powers and duties, 

meetings and compensation 70 

Solicitors — ^Duties as to penalties, etc 5 

T 

Tax — On what levied, and how collected 6 

Teachers — How employed 20 

To exhibit statement to committee 23 

Required to attend Institutes 1:6 

To pay fee for private examinaition 37 

To keep daily record 64 

To file record at end of school 64 

Duties in school 63 

To make monthly statements 23 

To be examined second Thursday in July and October 37 

Text-Book Law appended. 

Treasurer — To be notified of apportionment 24 

To receive and disburse county school funds 46 

To execute bond, liable for funds illegally paid 48 

To keep books showing amount apportioned each township and 

disitrict; to balance accounts annually 49 

To produce bo.oks, vouchers and exhibit school mo'neys 50 

To report to State Superintendent first Monday in August entire 
amount of money received and disbursed by him for schools and 

file duplicate with County B'oard 51 

To receive money only from Sheriff or collecting officer 52 

To be guilty of misdemeanor for failure to perform any duty re- 
quired in this act 53 

To file report when term of office expires 57 

To deposit books, blanks, etc., in office of County Board 58 

To attend his office last Saturday of each mcnth to pay school 

claims: compensation bb 

V 

Vouchers, when valid 48 

W 

When committee may order school closed 23 



